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Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)

..... Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......ut 3.5 decimals out of 8.38 decimals of plot No.4090 appertaining to SA Khatian No.807 under Kotwali Police Station in the district of Rangpur was originally owned and possessed by one Hafez Mohammad Hossain, predecessor-­in‑interest of defendant Nos.1 to 11. After his death, said defendant No...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ......rt No.4 at Chittagong in Miscellaneous Appeal No.127 of 1997, which dismissed the appeal and affirmed the decision of the Waqf Administrator dated 12‑3‑97. 3. Against the same order, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts an...... Mahmudul Huq J Yusuf  Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others…………………&he..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ....... State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved:  Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate‑on‑ Record-For the Appellant. Fazlul Karim, Senior Advocate, in...... (Criminal)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents  ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

..... Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......i Bank, 46 DLR (AD) 174; Shipping Corporation Limited Vs. WH Bennett and others, 36 DLR (AD) 175; State of Gujarat Vs. Shantilal Mangaldass, AIR 1969 SC 634. Lawyers Involved: Sayyed Shahid Hossain with Rina Khan, Advocates­- For the Appellant in First Appeal No.60 of 1992. Fazlu......ision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ­Bank of Credit and Commerce International (Overseas) Ltd............Appellant Vs. Bangthai Electrical Industries Ltd. and others............................Respondents ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)

.... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: The leav......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......nior Advocate with him), instructed by Mvi Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. AKM Fakhrul Islam, Advocate (appeared with the leave of the Court) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Criminal Petition for Leave to Appeal No.......ision (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: ..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....LR (2005) 702.         ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ......der shall have the priority. 28. Upendra Nath Das, the vendor of the plaintiff, has appeared in the suit as P.W.2 supporting the plaintiff’s possession in the suit land. The P.W.3 Shahadat Hossain has completed his evidence by saying that he is also carrying on business in the suit land u...... Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………&he..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

MM Ishak Vs. State and another, 2004, 33 CLC (HCD)

.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......(2004) 516. ..

Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....nt to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......o the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ...... Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46. Lawyers Involved: Khan Saifur Rahman with Md. Shakir Hossain, Advocates‑ For the Petitioners. Md. Abdul Basher Advocate‑ For Opposite Party No.2...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others...........Petitioners Vs. Md. Habibullah and another......................Opposite Parties Judgment July 19..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

..... Ed. This Case is also Reported in: 57 DLR (2005) 774.       ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774.       ......ti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers involved: Abdul Wadud Bhuiyan with Sarder Abul Hossain, Advocates- For the Petitioner. Mahbubey Alam with Md. Mozammel Hossain, Advocates ‑......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment J..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....interfered with. The appeal is thus allowed with cost.  Ed. ......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost.  Ed. ...... not a proper judgement of reversal……………………(33) Lawyers Involved:   TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record‑For the Appellants.   Md. Fazlul Karim, Senior A...... Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Respondents Judgment July 1..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Mukul Vs. State, 2004, 33 CLC (AD)

....e same argument, the petition for review is dismissed.  Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ...... J MM Ruhul Amin J Md. Tafazzal Islam J  Mukul …………….Petitioner            Vs. State……..Respondent   Judgment July 10, 2004. ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....on. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......t.…………….(12) Cases Referred to- Manager, Bangladesh Krishi Bank and others Vs. Al‑haj Md. Nurul Islam and another, 52 DLR 434; AIR 1965 SC 1153. Lawyers involved: Dr. Kamal Hossain, Senior Advocate, (Salauddin Ahmed & Sayeed Shahid Hussain, Advocates with him) instruc...... 51. ..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

.... Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ......on of prejudice due to hostile press is without substance………(5)  Lawyers Involved:  Mainul Hosein, Senoir Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record – For the Petitioner.   T H Khan, Se...... Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Roquib Mohammad Fakrul alias Rocky…………..Appellant Vs. Md. Abdul Kashem & others ..................Respondents   ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

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. ...... 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 May 25, ......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: ......r Chowdlhury Mahmood 55 DLR (AD) 26: Batuk K Kyas vs. Surate Borough Municipality AIR 1533 Bombay 133; Manaj Kumar Roy vs. Government of Bangladesh and others 7 BLC (AD) 42: Hafazatur Rahman vs. Kazi Anwar Hossain 53 DLR (AD) 89. Lawyers involved: TH Khan, Senior Advocate, M Zahir, Senior Ad.......(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