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Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others ……………………. Respondents Judgment ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents&n......late Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......ement and any such punishment is governed under rule 3 of the Government Servants (Discipline & Appeal) Rule, 1976. Cases referred to- Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

.... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petiti...... Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................Respondent Judgment July ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................Respondent Judgment July 13, 2002. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......ourt Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Ibrahim Ali and others.......................Appellant Vs. State ........................... Respondent Judgment July 8, 2002. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......3 Shailendra Chandra Das and several others executed and registered two Muktipatras on February 6, 1984 and January 5, 1985 in favour of the appellant Nos. 1 and 2 and another by name Haji Siddique Ahmed in respect of the land asserting the same to be the ancestral property of Haji Siddique Ahme..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....p; Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents Judgment July 6, 2002. ...... Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment July 1 &a......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact to her father the informant Ali Ahmed whereupon a salish was held in which the accused Harish and Harun begged pardon and promised n..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

..... Dr. Chowdhury Mahmood Hasan & others…………………….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and......yeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………….Petitioners Vs. Dr. Chowdhury Mahmood Hasan & others………………...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......Khan, Deputy Attorney-General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record—For Respondent Nos. 1-5. Not Represented—Respondent Nos. 6-9. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Sharif Uddin Chaklader Advocate-on-Record—For the Petit..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)

....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......LR (AD) 41. ......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......4 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Prabir Haider Advocate with him) instructed by Md Nawab Ali, Advocate‑on�..

Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15) Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun K...... M Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....en example of his highest respect to the independence of the judiciary is the judgment of the Appellate Division by which his decision of setting up of five High Court Divisions in different areas of Bangladesh was knocked down and he as a law abiding citizen being the President of the country bowed......inal Miscellaneous Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......Hosein with Md. Azizul Haque, Md Mozzammel Haque, Iqbal Malik, Manzur Kadir and Shamim-ul Alam, Advocates-For Daily Ittefaq, the contemne-opposite party Khandoker Mahbub Hossain with Miftahuddin Ahmed, Khandker Bashir Ahmed and Afzal Hossain, Advocates-For HM Ershad, the contemner-opposite part..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ...... 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ...... stayed. When the petitioners were parties in the original suit by filing a subsequent suit further proceeding of the execution case cannot be stayed. Lawyers Involved: Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Ataur Rahman Khan, Advocate‑on Record ‑For the Petiti..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

.................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Ar......late Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J AS Ahammed J Government of Bangladesh and another ..........................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judg....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......llate Division (Civil) Present: Mahmudul Amin Chowdhury CJ Ruhul Amin J KM Hasan J AS Ahmmed J Gouri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......t’s claim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on Record‑For the Appel..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Ali Ahmed and others.......................Petitioners Vs. Government of Bangladesh and others............Respondents Judgment April 8, 2002....... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......e is also Reported in: 55 DLR (AD) (2003) 92. ..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....operty as vested property is illegal, void and not binding upon the plaintiff. 3. Plaintiffs case, inter alia, is that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. ......te Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgm......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....cial Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others………………………&hellip...... (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others……………………&helli......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......Quamrul Islam Siddique and others 54 DLR 88; 43 DLR (AD) 126; AIR 1996 (SC) 11. Lawyers Involved: Abdur Razzaq with Mohammod Hossain, Advocates— For the Petitioners. Syed Ishtiaq Ahmed, Advocate — For Respondents No. 7. Rafiqul Huq with Moniruzzaman Khan, Advocates- F..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents Judgment&nb......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......bsp; Case Referred to- Secretary, Ministry of Industries, Nationalised Industries Division vs. Saleli Ahmed and another 46 DLR (AD) 148. Lawyers Involved: Mahmudul Islam, Senior Advo..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....7) 153. ......hmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Bangladesh and others ..................................................Appellants Vs. Eastern Beverage Industries Ltd and another ................................Respondents ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant Attorney‑General with him) instructed by B Hossain, Advocate‑on‑Record‑For the Appellants (In all the cases). Syed Ishtiaq Ahmed, Senior Advocate and Rafiqueul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).

....gainst the judgment and order dated 7‑31999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999. 2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between ......hmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Mozibul Huq ... …………Petitioner Vs. Chairman, 1st Labour Court and others...............Respondents &nb......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

.... Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22...... Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

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