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Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......z vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Involved: SM Munir, Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For th..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......ence is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Ass..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....t‑respondent-petitioners seek leave to appeal against the impugned judgment and order dated 8‑4‑2003 passed by the High Court Division in Writ Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance w......n as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding this issue on merit.  Lawyers Involved:  AJ Mohammad Ali Additional Attorney‑General, instructed by Md...

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....nce with provisions of article 55(4) of the constitution. It is true that the respondent was dismissed in a departmental proceeding under provisions of the Government Servants (Discipline and Appeal) Rules, 1985. Under Rule 23 of these Rules, review lies to the President but the bar that was imposed......ngladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. Judgment November 10, 2003. Result: The appeal is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by A.K.M. Shahidul..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....arty respondent obtained leave to appeal against the judgment and order dated 26‑8‑1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh......ses Referred: Mohd Abdun Noor vs. Platinum Jute Mills Ltd. and another 1978 BSCR 467; Lesson vs. General Council of Medical Education and Registration 43 Chancery Division 366.   Lawyers Involved:   MA Mannan Senior Advocate, instructed by Md. Nawab Ali, Advoca..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....istant Commissioner of Settlement. Civil Appeal Nos. 154 and 155 of 2000 are against the judgment and order dated June 10, 1999 of the High Court Division in Writ Petition No. 2127 of 1994 making the Rule absolute upon declaring the order dated 29‑5‑1994 (Annexure T to the writ petition, canceli...... 34 DLR 247; Omar Faruk (Md) and others vs Government of Bangladesh and others 51 DLR 118; Hussain Baksh vs Settlement Commissioner 21 DLR (SC) 456; Chairman, BCSIR vs Abdul Khaleque 43 DLR 209. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....J.- This petition for leave to appeal has been filed against the judgment and order dated June 26, 2002 of a Single Bench of the High Court Division in Civil Revision No. 4624 of 2000 discharging the Rule obtained against the order dated September 19, 2000 (order No. 16 dated 19‑9­2000) of......ners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6)  Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi. Md Wahidullah, Advoca..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......bsp;   Cases Referred:  Uttara Bank vs. Macnell and Kilburn Ltd. 33 DLR (AD) 298; Gooryonly (BD) Textile Ltd. vs. Chartkar Information Holding Ltd 54 DLR (AD) 70. Lawyers Involved:  AJ Mohammad Ali, Senior Advocate, instructed by Mvi. Md Wahidullah,..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

.... Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (......R (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin Dhali and others Vs. Helaluddin Dhali and others, 41 DLR 120. Lawyers Involved: Md. Mahsin Rashid, Advocate‑ For the Petitioner. Md. Mansur Habib with..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......n as to correctness of entries of RS Khatian under section 144A of the Act is revertable by leading evidence by the person challenging correctness of such entries…….(12)  Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Shahidul Alam Chowdhury, Advo..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......gal consideration and convictions by them is nothing but moral conviction not supported by any legal evidence………………………(12)  Lawyers Involved:   Md. Nawab Ali, Advocate‑on‑Record‑For the App..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

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

.... directed against the impugned judgment and order dated 9‑2‑2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2364 of 2002 discharging the Rule for quashing under section 561A of the Code of Criminal Procedure the judgment and order of con......e the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5)  Lawyers Involved:   Md. Nawab Ali, Advocate-on‑Record‑For the Petitione..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003. Result: The appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....wan Ali J Salma Masud Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. A......Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant At..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....nd order of the High Court Division dated 24‑6­1998 passed in Criminal Miscellaneous Case No. 3125 of 1997 (arising out of Criminal Revision No. 72 of 1987 and NGR Case No. 132 of 1987) making the Rule disposed of directing the first party appellants to go to Civil Court for decision about title ......bdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Reco..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....ement had been performed by General Manager on behalf of Bangladesh Bank. In the suit in hand General Manager of Bangladesh Bank laid the suit. Bangladesh Bank is an organ of the Government. Order 29 Rule 1 enjoins that in any suit, by or against Government the plaint or written statement shall be s...... Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Na..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

.... J.- These petitions for Leave to Appeal are directed against the judgment and order dated 25‑8‑2002 passed by the High Court Division in Criminal Revision No. 121 of 2001 discharging the Rule affirming those dated 31‑10‑2000 passed by the Additional Sessions Judge, First Cou......he penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper.   Lawyers Involved:   Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advo..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)

......................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dismissed. The Bangladesh Service Rules, Rule 72(a) There was no trial of the petitioner for allegation of the offence under sect...... section 339 (c) (4) of the Code of Criminal Procedure and the petitioner was released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑R..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....bsp;    Md. Fazlul Karim J.- This appeal by leave is against the judgment and order dated 22‑4‑2001 passed by a Division Bench of the High Court Division discharging the Rule in Civil Revision No. 1595 of 2000 filed by the appellant against order No. 12 dated 23‑......provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time.  Lawyers Involved:    Dr. Md. Zahir, Senior Advocate, (Md. Ozair Farooq, Senior Adv..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......undai Corporation vs. Sumikin Bussan Corporation and others 54 DLR (AD) 88; AIR 1979 SC 1628; AIR 1980 SC 199‑2; AIR 1985 SC 1147 AIR 1988 SC 157; PLD 1965 SC 671 and AIR 1958 MP 393. Lawyers Involved:  Khondker Mahbubuddin Ahmed, Senior‑Advocate, instructed by S..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216