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Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

....ult: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Harunur Rashid, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the......sion (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Tarak Chandra Majhi ........................Appellant Vs. Atahar Ali Howlader and others...........Respondents Judgment Novemb...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....tural Development Corporation vs. Kibria and Associates Ltd. 46 DLR (AD) 97; Bux Shipping Line vs. BWDB 7 BLC (AD) 27. Lawyers Involved: Ozair Farooq, Senior Advocate, (Zahedul Bari, Advocate with him) instructed by Md. Nawab Ali, Advocate‑on‑Rec...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Bangladesh and others.......... Respo......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....rs…………….Respondents Judgment 16th November 2002 Lawyers Involved: A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner. Dr. Kamal Hossain, Senior Advocate, instructed by Md. ......e Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Deputy Commissioner of Dhaka and others………….Petitioners Vs. Aziz Cooperative Housing Society Ltd. & others……………......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

.... imposed in violation of the same is illegal……………………….(5) Lawyers Involved: Sk Awsaful Rahman, Advocate (appeared with the leave of the Court) instructed by Md, Ataur Rahman Khan, Advocate‑...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent Judgment November......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

....olute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioner. Saleha Islam, Advocate—For the Opposite Party No.1. ......) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......ioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and othe..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....transfer of any share and grant relief commensurate with the appropriate possible relief contemplated under the said section………………….(24) Lawyers Involved: AF Hassan Arif, Senior Advocate, (AQM Safiullah, Advocate with him), instructed by Md. Ataur Rahman Khan, Advocate‑on‑R......urt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....AD) 7; Nurun Nahar vs Mahammad Fazlur Rahman 27 DLR (AD) 103 & P Satyanarayana vs Land Reforms, Tribunal AIR 1980 AP 149. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Prober Neoz, Advocate with him), instructed by Sufia Khatun, Advocate‑on‑Reco...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respondent Judgment ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....ldquo;perfectly valid and appropriate”. Cases Referred to- Tamizul Haque vs. Anisul Huque 1996 BLD (AD) 206 = BLC (AD) 169. Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Criminal Petit......bsp; Appellate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....ement there is no error apparent on the face of the record…………………..(34 & 36) Lawyers Involved: Rafique-ul-Huq, Senior Advocate, M Moniruzzaman Khan, Advocate with him instructed by AKM Shahidul Huq, Advocate-on-Record&......Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....appeal is dismissed. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Syed Ishitaque Ahmed, Senior Advocate and Mahmudul ...... (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....ation Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari Lai AIR 1952(SC) 47. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Rokanuddin Mahmud, Senior Advocate (with him), instructed by ASM Khalequzzaman, Advocate-o......llate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....nt Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Reco...... Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment ......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh vs. Md. Shafiuddin, 52 DLR (AD) 76. Lawyers Involved: Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners.&nbs...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………&hellip......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....��….Appellant Vs. State………Respondent Judgment August 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respon......d in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... the violation thereof could be availed. Case Referred to- Queen Vs. Guardian of the Lewisham Union, 1897, 1 QB 498. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑ For the Petitioner. N......vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Responde...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

.... is dismissed. Cases Referred to- Shamsul Alam Vs. State, 6 MLR 297; Kamruzzaman Vs. State, 1990 BLD (AD) 190; 42 DLR (AD) 219. Lawyers Involved: Mujibur Rahman with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—......t Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. M Rahman Bhuiyan J Sirajul Islam (Md.) and others………………………………….Appellants Vs. State………………………………………………………………………….Res......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....p;………………………Respondent Judgment July 31, 2002 Result: The Appeal is allowed. Lawyers Involved: Abdul Malek, Advocate- For the Appellants. None appears- For the State. Criminal Appeal No. 281 of 1986 ......Criminal Appellate Jurisdiction) Present: Md. Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State……………………………Re......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... was sent to Pirojpur for doctor due to pain of her son but he returned without doctor. Her son died at about 7-00 PM. She added that her son died on account of his old disease. 11. P.W. 2 Ratan Kumar Saha stated in his chief that he was in his house on the date of occurrence. Shaymol was also ..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Depu......scellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents&nbs......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

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

.... that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Petitioners. ...... 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. ......t 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 defendant No. 5 was that his father Chandra Kumar Pal was the owner of 11.77 acres of land of Khatian Nos. 30 and 32 (from amongst the property..

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)

....; Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved: KS Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners......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. ......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. ..

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

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