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Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......dus Sobhan and Abdul Mannan and two daughters, defendant Nos. 41 and 42, and a widow, Halima Khatun, defendant No. 43. Abdul Kadir died leaving behind his daughter defendant No. 45, Fatema Begum, two brothers, Abdur Rahman and defendant No. 45, Abdul Hamid. Abdur Rahman died leaving two...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti......ision (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgm..

Category: Property Law | Date: | Hits: 48

Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)

....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr......te Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Indus­tries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents ..

Category: Civil Law | Date: | Hits: 115

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......vs. All Tannery, 48 DLR 57; Kazi Gowaherul Islam vs. Standard Cooperative, 50 DLR 431; Iftekhar Afzal vs. Pubali Bank Ltd. 50 DLR 623; Sardar Jane-e-Alam vs. AB Bank Ltd., 4 BLC (AD) 178; Hosne Ara Begum vs. Islami Bank Bangladesh Ltd., 5 MLR (AD) 290 = 53 DLR (AD) 9; Antibiotic Stores vs. Subord......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment ..

Category: Banking Law | Date: | Hits: 157

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ed and of the remaining 2 (two) who were not examined one was the Constable and other was the second wife of the deceased. It is in the evidence on record that the second wife of the deceased Bulbuli Begum at the time of trial was staying with the accused persons being their relation. The matter of ......llate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J The State..................................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Manna......11, 38. ..

Category: Criminal Law | Date: | Hits: 44

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ...... Judgment August 2, 2007. Lawyers Involved: A. Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent  Civil Petition for Leave to Appeal No. ......sed. Ed. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Law..

Category: Property Law | Date: | Hits: 28

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......n J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents ..

Category: Property Law | Date: | Hits: 75

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......n: 60 DLR (AD) (2008) 14. ......DLR (AD) (2008) 14. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment Apri..

Category: Property Law | Date: | Hits: 41

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents ..

Category: Election Law | Date: | Hits: 173

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......(Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November......Reported in: 42 DLR (AD) (1990) 133. ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment N..

Category: Property Law | Date: | Hits: 80

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......n: 42 DLR (AD) (1990) 130. ...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con...... J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent..

Category: Criminal Law | Date: | Hits: 50

Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)

....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Kazi Shamsul Huq & others………………Appellants Vs. Robeya Begum & others………………Respondents Judgment ...... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Kazi Shamsul Huq & others………………Appellants Vs. Robeya Begum & others………………Respondents ..

Category: Procedural Law | Date: | Hits: 93

Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)

....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) ......Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdul Malek, Senior Advocate, in..

Category: Criminal Law | Date: | Hits: 52

Mizanur Rahman alias Mithu and anoth­er Vs. State, 2006, 35 CLC (AD)

....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ollowing 07.09.1994 at about 9-9.30 P.M. the accused petitioners Mizanur Rahman alias Mithu, Masud Uddin @ Md. Masud Uddin @ Badal and co-accused Shaheen Faraji entered into the room of one Monira Begum @ Khushi (P.W. 10) and threw acid on her face and that the aforesaid victim Khushi recognized......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and anoth­er……....Petitioner Vs The State………&h......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 48

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....t of Munsif, 2nd Court, Pabna for a declaration that the judgment and order of the Additional Commissioner is illegal, void and not binding upon them. Mention may be made here that plaintiff No. 4 Monowara Begum’s husband P.W. 1 Sheik Sakhawat Hossain was an employee in the Relief and Reha......n (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and oth­ers.....Respondents Judgment May 17, 2005. Lawyers Invo...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and oth­ers.....Respondents Judgment May 17, 2005. Lawyers Involved: ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and oth­ers.....Respondents Judgment May ..

Category: Property Law | Date: | Hits: 39

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......e and found his house crowded and his eldest son Tauhidur Rahman @ Rubel lying dead with some cut injuries on his neck and head that one Ayenuddin of his village approached him and told that Selima Begum, wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. ......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......91 allowing the appeal and thus acquitting the accused respondent of the charge under section 326A of the Penal Code. 2. Facts in brief are that on 1.12.1989 at 7.30 P. M. when victim Romeza Begum was going outside her house to bring her goat a that time two men coming from the eastern sid...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawye......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......essore and oth­ers.......... Appellants (In all the cases) vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul Kalam Azad being dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of 2002) Md. Tofazzal Hossain & an......rt Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and oth­ers.......... Appellants (In all the cases) vs ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......ul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers ...... Judgment:                    M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Resp..

Category: Employment/Service Law | Date: | Hits: 76

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......allowed with costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......ip;…….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20..

Category: Civil Law | Date: | Hits: 122

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......al. Shahidul Alam, husband of the deceased and respofidents Zahirul Alam Kamal and Nasiruddin Jamal are among the sons of Khalilur Rahman and Jasmine Ara is his daughter. Farida Jasmine and Afroza Begum Bizlee are the two wives of the two sons of Khalilur Rahman i.e. his daughters-in-law. Respon......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide......, 77. ..

Category: Criminal Law | Date: | Hits: 129