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Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....o the ship in distress and anchored at any port in Bangladesh………………..(16)    Lawyers Involved:  Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellant. Mvi. M......nbsp;                  Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents  Judgme......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

....35; Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379; Md. Mokbul Hossain vs. Shamsul Alam and others 14 BLD (AD) 232.  Lawyers Involved:  Salma Masud Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.  Md. Aftab......ent:   Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Nazem Uddin .............................................Appellant Vs. Election Tribunal & Others...............................Respondents  Ju...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....™s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For Petitioners. ......atifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1,......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Shahid Miah Vs. State, 2000, 30 CLC (AD)

....śfor ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. Lawyers Involved: Nazrul Islam Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—T...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..

Category: Criminal Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ble……..(7) Case Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul ......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....m to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawa...... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....nbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate on-Record — For the Appellant. (In Crimin...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....ia & others...........Appellants. Vs. Taru Mia & others.........Respondents.  Judgment October 20, 2005. Lawyers Involved:  Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak H......ppellate Division (Civil)  Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J  Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents.  Judgment October 20, 2005......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... State, represent­ed by the Deputy Commissioner, Pabna………….. Respondent.  Judgment 21st July 2002  Lawyers Involved:  Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner.  Not represented- Re......  Ed. ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....;…………….Respondent  Judgment 13 May 2002  Lawyers Involved:  Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner  Not Represented- Respondent  Criminal Petition F......uty Commissioner Concerned.  Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhury, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Appellant.  A.F......on (Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and a......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... Respondents.  Judgment 29th November 1995  Cases Referred to- Pradip Das and others vs. Kazal Das Sharma and others, 44 D.L.R. (AD) 1  Lawyers Involved:  S .R. Pal, Senior Advocate, Supreme Court, (Shawkat Ali Khan, Senior Advocate, Supreme Court, with him), instructed by...... Appellate Division (Civil)  Present: A.T.M. Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J  Mahmuda Khatun and others.......Plaintiff-Appellants. Vs. Abul Younus Talukder being dead his heirs Mrs. Yunus Ali Talukder and others .........Defendant...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....lants Vs. Revenue  Deputy Collector,  Cox's Bazar & others...........Respondents  Judgment 28th November 2004  Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, Advocate-on-Record- For the Appellants  A. J. Moh...... cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....g University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant  Dr. M. Zahir, Senior Advocate, (Subrata Chowdhury, Advo......ivision  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawy......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....; Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Akrab Ali and others Vs. Zahiruddin Kari, 30 DLR (SC) 81. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Record- For the Appellants. Sharifuddin Chaklade......Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being dead his heirs Probate Dey and oth­ers..........Respondents Judgmen......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......sors of other defendants by a registered kabala on 20.11.1930. The proforma defen­dant No.8 Ananda after attaining majority affirmed the aforesaid sale of the suit land. During the P.S operation Ram Kumar, the maternal uncle of Abhoy Charan Dey fraud­ulently got schedule 2 land recorded in his nam..

Category: Procedural Law | Date: | Hits: 112

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....titioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner  M......A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  L......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ..

Category: Property Law | Date: | Hits: 45

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

.... Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003  Lawyers Involved:  S.S. Haider, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur R......Supreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J Abu Sayeed Ahmad J M.M. Ruhul Amin J  Moulana  Serajul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......cu­tion and got delivery of possession.  6.  The case of Moulana Sirajul Haque as plaintiff in Title Suit No. 222 of 1992 in short is that the suit property originally belonged to Kali Kumar Bardhan who had no son. He had only three daughters. After his death his grand son by daughter..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

..........Appellants. Vs. Full Mohammed Mollah & oth­ers...... .Respondents.  Judgment 23rd May 2005  Lawyers Involved:  Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- For the Appellants  Mahbubey Alam, Senior Advocate instructed by Md. Nawab......upreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J M.A. Aziz J  Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & oth­ers...... .Respondents.  Judgment 23rd May 2005 ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......abala dated 12.01.1977. The C.S. record of rights of the 'Kha' schedule land was prepared and pub­lished in the name of Mudhu Lai Bhowmick, Jadu Lai Bhowmick, Ram Ballav Bhowmick, Chandra Kumar Bhowmick and Jageswar Bhowmick as tenants under the landlord. They surren­dered their land..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....d J. R. Mudassir Husain J  Abdul Matlib and others.......Appellants. Vs. Abdul Malik...............Respondent  Judgment 8th May 2002.  Lawyers Involved:  T.H. Khan, Senior Advocate, (Mr. Mahbubey Alam, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharif......  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....s Quddus.............Appellant. Vs. Administration of Waqf & others.............Respondents.  Judgment 16th August 2004  Lawyers Involved:  Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Appellant  Abdus Sobhan......dance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ..

Category: Property Law | Date: | Hits: 57