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Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

....th an enquiry is not illegal………………….(10)   Lawyers Involved:   Syed Ziaul Karim, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner (In both cases). ......r………..…Petitioner                         Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, ...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

Category: Criminal Law | Date: | Hits: 58

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....    Lawyers Involved:   AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Additional Attorney-General with him) instructed by Md. Ataur Rahman Khan, Advocate-on- Record — For the Petitioners (In both the Civil Petitions).   ......   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs.   Dr. Shamima Sultana Rita…………Respondent ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....ere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14)    Lawyers Involved:   Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. &......Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J   Giasuddin and another…… Petitioners   Vs.   State…………………….R......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....eding conclusively or in other words free from alloy……………………..(9)    Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record— For the Appellant. &......uhul Amin J    Hiran Chandra Dey and anothers ……………………………..Appellants Vs. Md. Abdul Quyum and others…………………&hel......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....aint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6)   Lawyers Involved-   Abdul Quayum Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner  ...... Kazi Ebadul Hoque J               Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur RahmanMadbar and others…….……&hell...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ..

Category: Property Law | Date: | Hits: 49

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....Referred to-   Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) 1.   Lawyers Involved:   Aminul Haque, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioners.   Ozair Farooq, Senior Advocate, i......p;       Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md. Shahidullah…………................................. reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ...... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....p;…..(12)  Lawyers Involved:   AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, Assistant Attorney-General with him instructed by Mvi Md Wahidullah, Advocate-on-Record for the Appellants   Md. Aftab Hossain, Advocate-on-Record&m......nbsp;                Government of Bangladesh and others. .........................Appellant   Vs.   Md. Sharfuddin Mollah...................Respondent   Ju...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....tters which is not seriously contentious or dispute in kind or nature………………………(27) Lawyers Involved: A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on- Record— For the Appellant (In Civil Appeal Bo. 39 of 1999). Rokanuddin Mahmud, Se...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Ruhul Amin J KM Hasan J Director, Housing and Building Research Institute........Appellant Vs. Darus-Salam Co-operative Housing Society Ltd. and others........Respondent Judgment ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....enquiry for establishing truth of the same is impossible………………….(19)  Lawyers Involved-   Mahbubey Alam, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellant.   ......l Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry...................Appellant   Vs.   Abdul Malek Howlader and ors........... Respondents    ......smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....R (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111.   Lawyers Involved:   Khandoker Mahboob Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on- Record—For the Petitioner   ......;                 Delower Hossain Khan .............................Petitioners   Vs.   State....................................................... Responden......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....ladesh vs. Amela Khatun and others 53 DLR (AD) 55.   Lawyers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners.   Kazi S Ahmed, Advocate-on-......   Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs.   Bibi Marium and other.......................................................ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

....e adversely affected by the order were not brought before the court in accordance with law.........(10)   Lawyers Involved-   SR Pal with AR Yousuf Senior Advocates instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Appellants. ...... J   AMM Rahman J   Mahmudul Amin Choudhury J   Mahbubur Rahman and others................ Appellants   Vs.   Taslimuddin Ahmad and others............... Respondents  &nb...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....ernment of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112.   Lawyers Involved-   Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellants.   Rokanuddin Mahmud, Senior Advoc......Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner   Vs.   SM Fariduddin ..................................................................Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

.... to determine the tenancy has not contravened any of the provision of the Transfer of Property Act or the Premises Rent Control Ordinance.   Lawyers Involved:   Mustafa Niaz Muhammad, Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record - For the Appellant.   Dr. R......min Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Santosh Kumar Das .............. Appellant   Vs.   Hajee Badiur Rahman......................Respondent   Judgment   October......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......Civil)   Present:   Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Santosh Kumar Das .............. Appellant   Vs.   Hajee Badiur Rahman......................Re..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....hority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advocate-on-Record— For the Petitioner Syed Ish......ppellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Hyundai Corporation...............Petitioner Vs. Sumikin Bussan Corporation & others...........................Respondents Judgment ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....stion the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they were not parties.   Lawyers Involved:   Md. Aftab Hossain, Advocate-on-Record—For the Petitioners.   Not represented—The Re......lam Rabbani J   Md. Ruhul Amin J   Abdur Rashid (Md) and others.................. Petitioners     Vs.   Bainchitala Junior High School ................Respondent  ......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ..

Category: Property Law | Date: | Hits: 63

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

....nd also while in his house the husband is to explain under what circumstance the wife met with her death.    Lawyers Involved:   Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner   ......;             Md. Fazlul Karim J   Ilias Hussain (Md). .................... Petitioner   Vs.   State ..........................................Respondent   ......  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..

Category: Criminal Law | Date: | Hits: 52

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on-Record—For the Appellants. Mahbubey Al......sent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..

Category: Procedural Law | Date: | Hits: 114

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....industan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. ......howdhury J Mohammad Fazlul Karim J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents&......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ..

Category: Civil Law | Date: | Hits: 115

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

....guise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4)  Lawyers Involved:   KM Shahidul Huq, Advocate-on-Record—For the Petitioner   Sk Afzalur Rahman, Advocate,......Karim J   Abul Hossain ……………………………….…….Petitioner   Vs.   Jahiruddin and others……………&hellip......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......nt and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Chakaraborth alias Das Bairagi as the former was not his brother’s son rather he was th..

Category: Property Law | Date: | Hits: 43