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Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ...... Sayeed Ahammed J  Srwardi Shaikh and others……….....Petitioners. Vs. The State……………..Respondent  Judgment 22nd July 2002  Lawyers Involved:  Md. Nowab Ali, Advocate-on-Record-For the Petitioners. Not Represented-Res......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. .............Petitioner Vs. The State.........................Respondent  Judgment          27th April 2002        Lawyers Involved:  Syed Ziaul Karim Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant  Not Represented-Respondent   Criminal Petition for Leave to Appeal No 40 of 2000. (From the Judgment and Order dated 10th June 1999 passed by the High Court Division in Criminal Revision No. 529 of 1998)&n..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners.  Not Represent......Involved:  A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners.  Not Represented-For the Respondent.  Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the High Court Division in Criminal Appeal No. 1819 of 1994) Judg..

Category: Criminal Law | Date: | Hits: 121

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. ......this case a piece of stone can be termed as a weapon of offence under section 324 of the Penal Code………………….   (16)   Lawyers Involved:  Abdul Malek, Senior Advocate (Subrata Chowdhury, Advocate with him), ...... Abdur Razzaque Khan, Additional Attorney General instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent.  Criminal Appeal No. 32 of 1999. (From the Judgment and Order dated 02.06.1999 passed by the High Court Division in Criminal Appeal No. 2777 of 1998)  ..

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 ......d Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury 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...... Advocate, instructed by A. K. M.  Shahidul Huq, Advocate-on-Record  For Respondent No. 1  Not represented-Respondent No. 2  Civil Appeal No. 313 of 2001 (From the Judgment and Order dated 30th may 2000 passed by the High Court Division in Writ Petition No. 2095 of 1999). ..

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: ......p; National Board of Revenue and oth­ers...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: The Appeal is allowed. Lawyers Involved:  A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney Genera......Record- For the Appellant. Nitai Roy Chowdhury Advocate instructed by Mvi. Md. Wahidullah Advocate-on-Record- For the Respondent.  Civil Appeal No. 214 of 2000 (From the Judgment and Order dated 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) ..

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. ...... J Mohammad Fazlul Karim J Amirul Kabir Chowdhury 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, A......p; T. H. Khan, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record-For Respondent No.1.  Ex-parte-Respondent Nos. 2-10.   Civil Appeal No. 07 of 1999 (From the Judgment and Order dated 31.07.1997 passed by the High Court Division in Civil Revision No. 1730 of 1992)  ..

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. ......enter into disputed title except to the extent that 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, Senio......uayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- Respondent No. 2 Ex-parte- Respondent No. 1  Civil Appeal No. 77 of 1999 (From the Judgment and Order dated 5th July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997) ..

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 ....................Respondents,   (in 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-Reco......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. ......  Hashmat Ali Jamadar and others Vs. Asmat 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......una May Chakma, Assistant Attorney General, with him), instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent   Civil Appeal No. 09 of 2001 (From the Judgment and Order dated 4th April 1996 passed by the High Court Division in First Miscellaneous Appeal No. 82 of..

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. ......2005. Cases Referred to- Mujibur Rahman 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. Wahi......the Appellant. Mvi. Md. Wahidullah, Advocate-on-record-For the Respondent Nos. 3 & 4. Not Represented-Respondent Nos. 1, 2, 5-96. Civil Appeal No. 51 of 2000 (From the Judgment and Order dated February 6,2000 passed by the High Court Division in Writ Petition No. 227 of 2000) ..

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. ......ad Abdur Rouf J Bimalendu Bikash Roy Choudhury 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-Rec....... 1-2  B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3   Civil Appeal No. 27 of 1991 (From the Judgment and Order dated 5. 3. 89 passed by the High Court Division in Appeal From Original Decree No. 40 of 1985..

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. ......t: Md. Ruhul Amin J Syed J. R. Mudassir 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-o......ohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4.  Ex-parte-Respondent Nos. 5-56  Civil Appeal No. 199 of 2001 (From the Judgment and Order dated 8  March, 1999 passed by the High Court Division in Civil Revision No. 2181 of 1997..

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. ......R. Mudassir Husain J.  Sujit Chandra Roy 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-Recor......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. ......Mohammad Fazlul Karim J. Amirul Kabir Chowdhury 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......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. ...... others…………………………......... Petitioners. Vs. Mahbub Ali and others....... Respondents.  Judgment 2nd January, 2006  Lawyers Involved:  Md. Nawab Ali, Advocate-on-Record- For the Petitioners    M......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. ......passed without jurisdiction. An order passed without jurisdiction has no existence in the eye of law…………………………..(8)  Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Reco......s Vs. Sufi Fazal Ahmed and others ..................Respondents Judgment July 23, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 ..

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. ......the case, while the case is pending for final decision, cannot be given by way of interim relief……………………………(16)  Lawyers Involved:  Abdul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him......cted by Aftab Hossain, Advocate-on-record- For Respondent No. 1.   Not represented- Respondent Nos.2-3.   Civil Appeal No. 215 of 2002. (From the Judgment and Order dated December 6, 2000 passed by the High Court Division in Writ Petition No.4666 of 1999)&nbs..

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. ......r. Vs. The   State   represented   by   the   Deputy Commissioner, Comilla….......Respondent.  Judgment 12 December 2005   Lawyers Involved:  Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-R......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. ...... 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division 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, Advo......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. ..

Category: Criminal Law | Date: | Hits: 83