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Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, Advocate-on-Record...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sal..

Category: Property Law | Date: | Hits: 72

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

....;….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996   Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For......p;         Md. Abdur Rouf J BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..

Category: Family Law | Date: | Hits: 144

Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)

....stry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record— For the Petitioner ...... Latifur Rahman J Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …&...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No.  9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No.  9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..

Category: Criminal Law | Date: | Hits: 78

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

.... Assistant Commissioner (Land) and Others……………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioners. Md. ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant  Vs. Assistant Commissioner (Land) and Others……………&helli......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..

Category: Property Law | Date: | Hits: 88

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

....r of Commerce and Industry and another…………... Defendant  Judgment January 16th, 1996. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokonuddin Mahmood, Senior Advocate with him) instructed by Shamsul Hoque Siddique, Advo...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..

Category: Procedural Law | Date: | Hits: 122

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....thers…….………………..Respondent  Judgment 15th, November 1995   Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. Responde......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..

Category: Administrative Law | Date: | Hits: 149

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....88; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md, Nawab Ali, Advocate-on-Record — For the Appellant.  M......sp;              Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ......cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......e(the appellant) was holding the office of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parishad which too..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

.... Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record-For the Appellants&......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and others………………..Respondents , ......s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....p;…………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, in......ate………………………………………………………….. Appellant Vs. Golam Mostafa & ors……………………......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....ging Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Abdur Rob Chowdhury, Advocate, instructed by Md......le’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ……………………&he...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ld Commission on Environment and Development Published by Oxford University Press in 1987; Virender Gaur vs. State of Haryana, (1995) 2 SCC 577 (580). Lawyers Involved: Dr. Mohiuddin Farooque, Advocate, (appeared with the leave of the Court) instructed by Shamsul Hague Siddique, Advocate-on- ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood C......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....htar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (AD) 164; Indar Singh vs. Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 1969 SCMR 257. Lawyers Involved: PC Guha Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Abdul Azi...... J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants Vs. Profulla Bala Devi & others…………………......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

.... is merely a technicality, such order of dismissal does not call for interference………………(8)  Lawyers Involved: Md. Mozaffar Hossain, Advocate, instructed by Md Nawab Ali, Advocate-on-Record -For the Petitioner.  Not Re......nbsp;     Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others…………&hell......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..

Category: Administrative Law | Date: | Hits: 133

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....said to be a requirement of anyone else other than the plaintiffs because they are very much within the family of the plaintiff…….(11) Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. Not represe...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nur Begum……………….Petitioner Vs. Dr. Yusuf Ahmed & another……………….Responde......e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....t was the duty of the trial Court to set aside the ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instr......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. Mashiur Rahman and others…………………&hell......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....;…….(19) Lawyers Involved: A W Bhuiyan, Additional Attorney-General (Sharifuddin Chaklader, Assistant Attorney-General with him), instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Appellant. Appeared in person - Respondent No. 1.  ......ted by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………………………..Appellant Vs. AKM Yousuf Mia & others……………….Respondents&......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....fusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Chowdhury Md Zahangir, Advocate- on-Reco......J Bimalendu Bikash Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others…………………&hell......case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..

Category: Property Law | Date: | Hits: 87

Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)

....Judge of the High Court Division. The discretion having been exercised judiciously there was nothing to interfere…………(2) Lawyers Involved: M N Khandker, Advocate-on-Record — For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Monir Ahmed Fakir and others ................Petitioner Vs. Abdul Jalil Munshi and others………………….R...... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ...... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..

Category: Civil Law | Date: | Hits: 150

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....s wrongly held that section 10A offends Articles 27 and 31 of the Constitution…………………..(9) Lawyers Involved: Dr Rafiqur Rahman, Senior Advocate, (M A Baqui, Advocate with him), instructed by Serajur Rahman, Advocate-on-Record— F......y Choudhury J Bangladesh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………&h......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....ke the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18) Lawyers Involved: Serajul Huq and Rafique-ul Huq, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Petitioners (In all the......aceuticals Ltd. and others……………………………………...Petitioners AKM Shamsuddin ……………………………………………………………………….Petitioner Vs. Securities and Exchange Commission and another……………………….Respondents J......eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ......eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ..

Category: Business or Commercial Law | Date: | Hits: 163