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Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......on of offence under section 324 of the Penal Code………………….   (16)   Lawyers Involved:  Abdul Malek, Senior Advocate (Subrata Chowdhury, Advocate with him), Md.  Nawab   Ali, Advocate-on-Record......ia, Police Constable carried the dead body of the deceased to the Sylhet M. A. G. Osmani Medical College Hospital, morgue and identified the dead-body to the Medical Officer on duty. P.W. 11, Dr. Abu Ahmed Adiluzzaman, Lecturer of Forensic Medicine Department, Sylhet M.A.G. Osmani Medical College &a......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ......dhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for t...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......uary 21, 2003. Result: The Appeal is allowed. Lawyers Involved:  A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellant. Nitai Roy Chowdhury Advocate instructed by Mvi. Md. Wahid......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ...... Mohiuddin and oth­ers...........Appellants Vs. Shwkat Ali and oth­ers .......Respondents  Judgment 23rd May 2005  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.  T. H. Khan, Sen......dhury J  Mohiuddin and oth­ers...........Appellants Vs. Shwkat Ali and oth­ers .......Respondents  Judgment 23rd May 2005  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.  T......to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......the Court in finding which of the parties have prima facie title and exclusive possession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, Advocate-on-Re......it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, ......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ..

Category: Property Law | Date: | Hits: 43

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......n C. P .No. 901 of 2002) Md. Idris Ali & others...............Respondents,   (in C. P. No. 902 of 2002)  Judgment 12th June 2004  Lawyers Involved:  Md. Badruddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (in all the cases)&......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ..

Category: Employment/Service Law | Date: | Hits: 120

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... Ali Jamadar, 6 DLR 478; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56.  Lawyers Involved:  Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wahidullah Advocate-on-Record-For the Appellant.  Fida M. Kam......han declaring the same without jurisdiction and nullity in the eye of law.  7. The appellant thereupon obtained the leave from this Court upon the submissions that:  "Syed Ishtiaq Ahmed, learned Counsel appearing on behalf of the petitioner submits that the High Court Division co...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......an Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant. Mvi. Md. Wahidullah, Advocate-on-record-For the Respondent......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......dhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyers Involved:  M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant  Sir......spondents.  Judgment 2nd June 1997  Lawyers Involved:  M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant  Sirajuddin Ahmed, Advocate-On-Record absent......For Respondent Nos. 1-2  B. Hossain, Deputy Attorney Gen......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......Husain J  Abdul Malek and oth­ers.............Appellants. Vs. Faiz Ahmed and other........Respondents  Judgment 16th November 2003  Lawyers Involved:  Syed Ziaul Karim, Advocate, instructed by Santi Ranjan Karmakar, Advocate-on-Record-For the Appellants.  A. J. M...... to cost.  Ed. ......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)

....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ......y and others...................Petitioners. Vs. Abdur Rouf and another……….......Respondents.  Judgment 5th April 2003  Lawyers Involved:  Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners.    No......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ..

Category: Procedural Law | Date: | Hits: 104

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......ry J.  National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent.  Judgment 8th August 2005   Lawyers Involved:  Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant  Shafique Ahm......espondent.  Judgment 8th August 2005   Lawyers Involved:  Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant  Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......hellip;……………......... Petitioners. Vs. Mahbub Ali and others....... Respondents.  Judgment 2nd January, 2006  Lawyers Involved:  Md. Nawab Ali, Advocate-on-Record- For the Petitioners    Mohammad Ali, Advocate-on-Record, For Res......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......ithout jurisdiction has no existence in the eye of law…………………………..(8)  Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In both the Civi......il) Present: Mohammad Fazlul Karim J Tafazzul Islam J Md. Joynul Abedin J Sena Kalyan Sangstha and another..............Petitioners Vs. Sufi Fazal Ahmed and others ..................Respondents Judgment July 23, 2007. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......nnot be given by way of interim relief……………………………(16)  Lawyers Involved:  Abdul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-record- For the ......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

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

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......sented   by   the   Deputy Commissioner, Comilla….......Respondent.  Judgment 12 December 2005   Lawyers Involved:  Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-Record- For the Petitioner.  A. J. Mohammad......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 103

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

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ...... Reference No. 40 of 2001 and Criminal Appeal Nos. 3428 of 2001, 5469 of 2001 and 2093 of 2001.)  Lawyers Involved:  Abdur Rouf, Deputy Attorney General instructed by Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner.  Abu Siddique, Advocate-on-Record- For Respondent No.3......vidence. The High Court Division further held that the accused Mafizuddin in his confessional statement did riot implicate absconding convict Kazi Tipu Sultan and the other accused, namely, Mainuddin Ahmed Dulal, Habibur Rahman, Mainul Islam and Dewan Rasul Sanam but they were convicted on the basis......vision in Death Reference No. 40 of 2001 and Criminal Appeal Nos. 3428 of 2001, 5469 of 2001 and 2093 of 2001.)  Lawyers Involved:  Abdur Rouf, Deputy Attorney General instructed by Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner.  Abu Siddique, Advocate-on-Record- For ..

Category: Criminal Law | Date: | Hits: 83

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ......in and others 1975 SCMR 60; Bibhabati Vs. Ramendra Narayan (AIR 1947 PC 19); Federation of Pakistan Vs. Ali Hasan (PLD 1967 SC 249).  Lawyers Involved:  T.H. Khan, Senior Advocate (Abdus Sobhan, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Reco...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ..

Category: Employment/Service Law | Date: | Hits: 211

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......tioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents.  Judgment 8 November 2003  Lawyers Involved:  Md. Nowab Ali, Advocate-on- Record-For the Petitioner.  Not represented- Respondents  Civil Petition F......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 133

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ....... Vs. Yoshodalal Amritalal Shaha  Banik and others.....................Respondents.  Judgment 9 November 2003   Lawyers Involved:   Mahbubey Alam, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner.   ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54