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Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 640.     ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ...... the periphery of the above provisions of law……..(25) Cases Referred to- Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR (1922) Patna 281; Abdul Aziz Vs. Tofazzal Hossain and another, 50 DLR 487; District Primary Education Officer Vs. Joynal Abedin and others, 40......sion   (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment Jun..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

.... Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99.  Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant.  Sultan Ahmed, Advocate, (appearing in person), instructed by Md. Aftab Hossain, Advocate‑on‑Record-­For Respondent No. 1.  Not represented̴...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Rajshahi Develop­ment Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others..............     Respondents ..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....ees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515....... Khondker Mahbubuddin Ahmed, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant(In all the appeals). Rokonuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain,Advocate-on-Record-Respondent No. 1 (In all the appeals). Not represented-Respondent Nos. 2......5...

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

....stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ....... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshed Ahmed Khan with ASM Abdur R......57 DLR (2005) 138. ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......s to be assessed both for the movable and immovable properties……..(5)  Lawyers Involved:  A J Mohammad Ali, Additional Attorney‑General, instructed by B. Hossain, Advocate on‑Record‑For the Appellant.  Md. Aftab Hossain, Advocate&......Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents   Judgment ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: .......(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain vs. Ministry of Finance 7 BLC (AD) 92, 43 DLR (AD) 12; Sow Chandra Kanta and another vs. She...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establish­ment and others ...........R..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 264.     ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judgment May 18, 20...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

....;                           Present: MA Wahhab Miah J Md. Abdul Hafiz J Asadul Hoque, Trading as Samrat Shoe……………&...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ......p;……………………….Respondents Judgment May 5, 2004. Result: The appeal is allowed. Lawyers Involved: Md. Moazzam Hossain with Md. Hasmatullah Sheikh, Advocates‑ For the Appellant. Gazi Md. Neamat Hossain, A...... Md. Abdul Hafiz J Asadul Hoque, Trading as Samrat Shoe………………………………………..Appellant Vs. Registrar of Trade Marks & another………………&hell..

Category: Others | Date: 5 May, 2004 | Hits: 4

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....ions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... Zahurul Islam Chowdhury and another, 35 DLR (AD) 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, 35 DLR (AD) 338; Abdur Rabban Vs. Aminul Hoque Sowdagar and another, 43 DLR (AD) 19; Ahmed Hossain and others Vs. Basharat Ali and others, 32 DLR (AD) 54. Lawyers Involved: Khandker Mahbubu.............Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and others……………...............Respondents (In C.A.No.85 of 1999) Judgment April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal a..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....rt Division was not authorized in law to pass any relief while disposing of an application under article 102 of the Constitution. ………………..(9 & 10)  Cases Referred to-  Md. Amir Khan vs. Controller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trus...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......(Md. Ataur Rahman Khan, Deputy, Attorney‑ General with him), instructed by Mvi Md. Wahididlah, Advocate‑on‑Record­-For the Petitioners. TH Khan, Senior Advocate, instructed by Md. Amir Hossain Chowdhury Advocate‑on‑ Record‑ For the Respondents. Civil Petition for Leave to App...... Court  Appellate Division (Civil) Present: SJR Mudassir Husain J Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh Bank and others......Appellants Vs. Zafar Ahmed Chow­dhury and another .........Respondents  Judgment April 24, 2004..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

.... the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. .................................issed. Ed. ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

....ngly, the appeal is allowed. There is no order as to costs.  Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......lved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali advocate‑on‑Record‑For the Appellants. Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record For the Respondent. Civil Appeal No. 288 of 2001. ...... Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J  Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent   Judgment ..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....rdingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ris Khan, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate‑on­-Record-For Respondent No. 1. Abdul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 2­, 16 & 18‑32. ......p; Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and others……..................Respondents  Ju..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....ccordingly, is dismissed.  There is no order as to costs.  Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ...... Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Khan, Advocate‑on‑ Record‑For the Appellant. Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 3‑31.  Not repre......nbsp; Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment A..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....;                        Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.26...... This Case is also Reported in: 57 DLR (2005) 244.                         ......           ......gh Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgment &nb..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....d of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......DLR (SC) 439; MS Khawaja vs. State 17 DLR (SC) 153; Azhar Ali Khan and others vs. State 1985 BLD (AD) 75; Abdul Wadud Sikder vs. State 30 DLR 237; Maklesur Rahman vs. State 35 DLR 72 and Md. Mosharaf Hossain and others vs. State 1990 BLD I 10 = 42 DLR 213. Md Abul Hossain vs. State, 1999 BLD (AD) 97......lowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....cation for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......ion (Criminal)  Present: Syed JR Mudassir Husain CJ           Md. Fazlul Karim M A Aziz J  Amirul Kabir Chowdhury J  Monajjel Hossain Khan alias Mintoo.......................Petitioner vs State, Represented  by the DC.......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....ject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......uot; on way back to home received a telephone call from accused Ershad Sikder who asked him to come to Ice factory attached to IWTA ghat No. 4; Monir accordingly accompanied by Mohammad Ali, Khalid Hossain started for IWTA ghat No. 4 as per instruction of accused Ershad Ali Sikder in his private ...... (Criminal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....Ordinance.  Accordingly, the petition is dismissed.  Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ...... Supreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh&helli......  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………&hellip..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......on) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents Judgment Marc......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4