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Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)

....on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......Supreme Court Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Zohiruddin Majumdar & others………………......Petitioners Vs. Salamatullah being dead his heirs Sayemullah Majumder & others........Respondents Judg......plaintiff filed Title Appeal No. 88 of 1998 and the appellate Court allowed the appeal. Being aggrieved, the defendants preferred Civil Revision and the Rule was dis­charged. 5. We have heard Mr. Abdus Salam Khan, the learned Counsel for the peti­tioner and Mr. A.S.M. Khalequzzaman, the learned..

Category: Tenancy Law | Date: | Hits: 155

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....Md. Ahsanullah Patwary, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 69-70 of 2002). Khandker Mahbubuddin Ahmed, Senior Advocate (Mahmudul Islam, Mahbubey Alam, Senior Advocates and Probir Neogi, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appell......llowed Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Pa......ernment of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth­ers......................Appellants (In Civil Appeal Nos. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judg......tions, inter alia, that the writ petitioner Nos. 1 and 2 and writ petitioner Nos. 3-10 of Writ Petition No. 62 of 2000 were appointed on 30.9.76 and on 17.12.76 respective and the writ petitioner Md. Abdus Salam of Writ Petition No. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (C..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....d Reza, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 244, 246, 248-250 of 2005). Mahmudul Islam, Senior Advocate with Probir Neogi, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellants (......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......ivil Appeal Nos. 244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And M......ion No. 3570 of 2003 the letter bearing memo No. 5-532/1006 dated 19.03.2003 issued by the respondent No.1 (Annexure-D to the Writ Petition) relating to allowing the non-responsive tender bid of M/S. Abdus Samad and Janmabhumi Nirmata (JV) and Tel-Mi (JV) to be con­sidered as responsive tender bid ..

Category: Civil Law | Date: | Hits: 212

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in:  ......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in:  ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers......d. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not..

Category: Property Law | Date: | Hits: 28

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Lakshmi Rani Roy being dead her heirs Naru Gopal Roy..................Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others ....  Respondents. ...............Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others ....  Respondents. Judgment February 5, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For..

Category: Property Law | Date: | Hits: 35

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......rul Islam (43 DLR (AD) 6), Hazrat Ali (54 DLR 636), Muslimuddin (38 DLR (AD) 311); Safdar Ali Vs. Crown (5 DLR (FC) 107(64) Moyezuddin (31 DLR (AD) 37); Md. Shamsul Hoque vs. State 20 DLR 540; Amor Kumar Thakur and others Vs. The State 40 DLR (AD) 147; Hazrat Ali and others Vs. The State 44 DLR ......;.Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State…………………………......; Tukaram Gonapat V. State of Maharashtra AIR 1974 SC 514; Ramaswami V. State of T.N. AIR 1976 Sc. 2027; Abdur Rahman Mandol Vs. The State, 29 DLR (SC) 247; Bangladesh Vs. Abed Ali 36 DLR(AD) 234; Abdus Samad @ A.K.M. Abdus Samad Vs. The State 44 DLR (AD) 233; State Vs. Tajul Islam and others 48..

Category: Criminal Law | Date: | Hits: 310

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Golam Rabbani…………………………….Petitioner Vs. Chairman, Court of Settlement and others……………..Respondent Judgment December 4...... filed Case No. 341 of 1947 in the Court of Settlement for release of the property from the list. Mobina Khatun daughter of Md. Muslim has also filed Case No. 382 of 1987 for release of the same. One Abdus Sattar also filed Case No. 843 of 1987 for release of the same on the plea that he took lease ..

Category: Property Law | Date: | Hits: 32

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......rmance, conduct and integrity recommended five Additional Judges, namely, Mr. Justice Md. Abdur Rashid, Mr. Justice Md. Khademul Islam Chowdhury, Mr. Justice Sikder Mokbul Hoque, Mr. Justice Surendra Kumar Sinha and Mr. Justice Md. Abdul Wahab Mia for appointment of Judges of the High Court Division......ers ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2221 of 20...... only, it shall ensure adequate safe-guard against disclosure.” 48. Although initially Writ Petition No.1543 of 2003 was filed by Advocate Idrisur Rahman alone, two aggrieved Additional Judges, Abdus Salam and Momtazuddin Ahmed, subsequently applied for and were added as co-writ petitioner Nos..

Category: Constitutional Law | Date: | Hits: 251

Special Reference No.1 of 2009, 38 CLC (AD)

....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ...... J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and ......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......of deceased Mohsin and such statements being a primary evidence as recorded by P.W.11 S.I. Ahamedur Rahman having been in con­flict with the postmortem report and the deposition of P.W.10 Dr. Sanjoy Kumar Pal who proved the injuries on the armpit, the conviction of the petitioner is liable to be se......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... Shah Abu Nayeem Mominur Rahman J Gour Chandra Majhi………………………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June 4, 2009. La......ul Amin CJ Shah Abu Nayeem Mominur Rahman J Gour Chandra Majhi………………………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..

Category: Property Law | Date: | Hits: 54

Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)

....find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment Februar......71. ..

Category: Property Law | Date: | Hits: 25

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......er rigorous imprisonment for life and to pay a fine of TK.5,000.00 each in default to suffer rigorous imprisonment of 2(two) years more. 2. The prosecution case, in short, is that informant Abdus Salam on 03.05.1995 at 20.35 hours lodged an FIR with Sundargonj Police station alleging, int..

Category: Criminal Law | Date: | Hits: 47

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... same to the petitioner and others, who plead­ed not guilty and claimed to be tried. 3. In course of trial prosecution has pro­duced as many as 8 witnesses including P.W.4, Dr. Ajoy Kumar Sarker, who conducted the post-mortem examination on the body of the deceased and P.W.7 S.I. ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Mirajul Shaikh………………………….Petitioner Vs. The State……....................Respondent Judgment April 21,......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..

Category: Criminal Law | Date: | Hits: 96

Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)

....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Yunus………………………………...Petitioner Vs. Abul Kalam others…................Respondent Judgment March 17, 20......ellip;…………...Petitioner Vs. Abul Kalam others…................Respondent Judgment March 17, 2009. Lawyers Involved: Md. Abdus Salam Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petition..

Category: Property Law | Date: | Hits: 22

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......o.1087 of 2007) 2. Abdul Khaleque Mollah…..........Petitioner (In Civil Petition No.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Banglades......il Petition No.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment O......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ...... MM Ruhul Amin CJ Mohammad Fazlul karim J Md. Joynul Abedin J Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Bang...... by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgment December 4, 2008. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner..

Category: Property Law | Date: | Hits: 23

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......meen J Bhaja Krishna Barman and others…………………..Appellants Vs. Sree Raghunath Chandra Barman being dead in heirs: Sree Ramchandra Kumar Barman and  others...............Respondents Judgment August 29, 2007. ......Present: Md. Ruhul Amin CJ  M.M. Ruhul Amin J Md. Hassan Ameen J Bhaja Krishna Barman and others…………………..Appellants Vs. Sree Raghunath Chandra Barman being dead in heirs: Sree Ramchandra Kumar Barman and ...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 28

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ......525. ...... Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another……………………………...Petitioners Vs. Gopal Chandra Bal and others…………………&hel......ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ..

Category: Property Law | Date: | Hits: 74

Abdus Sobhan Vs. Faruque Ahmed @ Sunan and oth­ers, 2004, 33 CLC (AD)

....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......ate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Abdus Sobhan.................................Appellant Vs. Faruque Ahmed @ Sunan and oth­ers ...........Respondents Judgment Marc......ported in: II ADC (2005) 866. ..

Category: Criminal Law | Date: | Hits: 29