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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....on is not competent to question the legality of such action……………………(8) Lawyers Involved: Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Khan, Advocate‑on‑ Record‑For the Appellant.......nbsp; Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents Judgment A...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. ......gh Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgment &nb...... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....ouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59. Lawyers Involved: Prabir Halder, Advocate, (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate̴...... J Alauddin Sikder (Md) and another……………Petitioners Vs. Bangladesh and others ....…….............Respondents Judgment......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....990 BLD I 10 = 42 DLR 213. Md Abul Hossain vs. State, 1999 BLD (AD) 97 = 4 BLC (AD) 122. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney‑ General, instructed by Md. Amir Hossain, Advocate‑on-Record ‑ For the Appellants (In all the appeals). Abdul Malek (AKM Shifiqul Alam,......lowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
...........Petitioner vs State, Represented by the DC......................Respondent Judgment March 24th, 2004. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Syed Ziaul Karim, Advocate, with him), Instructed by Md. SR Khoshnabish, Advocate-on-Recor......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....2 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26. Lawyers Involved: Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him), instructed by Sifia Khatun, Advocate‑on̴...... (Criminal) Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent Judgment......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....ed signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appellant. M I Farooqui, Senior Advocate (Mohsin Rashid, Advoc...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....rker unless such intention is clearly spell out or manifested in the statute………………….(8 & 11) Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Appellant. Md. Wahidullah. Advocate‑on......il) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Road Transport Corporation .......................Appellant Vs. Md Esken Mollick and another.... Respondents Judgment March 16......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....nstitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record–For the petitioner. A J Moham...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………&hellip......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....4 of the Anti-Terrorism Act is upheld but the sentence of rigorous imprisonment for life is modified to 10 years rigorous imprisonment with fine. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, (appeared with the leave of the Court), instructed by ASM KhaleqÂuzzaman, Advocate‑onâ€......t Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the convict...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nd others Vs. Jamila Khatun and others, 53 DLR (AD) 45; Mohammad Abdul Mannan Vs. Swaraj Roy and others, 8 MLR 302 = 54 DLR 352. Lawyers Involved: Mahbubey Alam with Samarandra Nath Biswas, Advocates‑ For the Petitioner. Osman Gani, Advocate- For the Opposite Parties. Civil Rev......05) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... 1926 (Mad) 1173; AIR 1933 All 642 at 646; AIR 1952 AP 73, 77; AIR 1955 SC 376; AIR 1966 Mad. 74 at 76; AIR 1996 MP 85; Webb Vs. Stanton, (1883), 11 QBD 518. Lawyers Involved: Sultan Ahmed, Advocate- For the Petitioner. Shamsuddin Babul with Md. Moklesur Rahman, Advocates- For th......Supreme Court High Court Division (Statutory Original Civil Jurisdiction) Present: Syed Amirul Islam J Ataur Rahman (Md.) another......................Petitioners Vs. Edruc Limited ..........................................Respondent Judgment March......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
.... Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advocate ‑ For the State ‑ Defence Lawyer. Death Reference No. 47 of 2001 with ......4) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involved: Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑o...... Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele communication and others....................Petitioners Vs. Abul Khair.... Respondent Judgment February 23, 2004. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......f his service he was directly associated with the Trade Union Activities. He held the office of Secretary, Vice‑President as well as the President of Dhaka District Sadar Postal Union. Mr. Arun Kumar Sarker, the then Additional Director General Bangladesh Post Office used to invite false and f..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
.... inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (SM Munir, Advocate with him) instructed by Sajjadul Huq, Advocate‑on‑Record‑For th...... Supreme Court Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. Th......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... Khalil, Assistant Attorney-General‑ For the State-Respondent (In all the cases). Shaukat Ali Khan with Fazlul Huq Khan Farid with Rehan Hossain with MM Haq Siddique and Abdus Salam Chaklader, Advocates- For Condemned-Prisoner as well as appellant (In Criminal Appeal No.3459 of 2001). De......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....ction 107(B) Remand cannot be allowed as a matter of course to fill up the lacuna of the case of any party…..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commi......d. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....nafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md S R Khoshnabish, Advocate‑on‑Record ÂFor the Petitioner. ...... ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....tion has been able to prove the charge beyond any shadow, of doubt and that he brutally killed his Wife for which he deserved maximum punishment for the offence he had committed. 16. The learned Advocate appearing for the condemned-prisoner submitted that the, learned Additional Session Judge m......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5