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Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....ed: Khandker Mahbubuddin Ahmed, Senior Advocate (M.A. Azim, Advocate, with him) instructed by S.R. Khoshnabish, Advocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record-For Responden......ricated, collusive and inopera­tive. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale...... (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shushil Chandra Nath …………….........Appellant Vs. Shanjib Kanti Nath and another …………….......Respondents......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J The State…………………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers ......bsp;         2. The facts, in short, are that the accused respondent served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office, Ramna, Dhaka under Telegraph and Telepho..

Category: Criminal Law | Date: | Hits: 62

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......perusing the record of Tarail PS. Case No.3(6) 94 directed CID to investigate the complaint case but since CID failed to submit any report, the learned Magistrate referred the matter to Mr. Ranjit Kumar Das, Magistrate Second Class, for holding judi­cial inquiry who, on inquiry, submitted re......vision (Criminal) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………................Petitioner Vs. Matiur Rahman ………………......Respondent ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers ..

Category: Criminal Law | Date: | Hits: 44

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ...... Supreme Court Appellate Division (Civil Present Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Wazed Sharif .......................Appellant Vs. Shudhir Ranjan Biswas and others ... Respondents Judgment March 15, 2007.......pondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his broth­er Abdus Samad Sharif entered into a con­tract on 29.12.1963 with the respondent Nos.3 and 4 as we..

Category: Property Law | Date: | Hits: 21

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Jagabandhu Sarker and others .......Appellants Vs. Jotish Chandra Sikder and others.....Respondents Judgment December 6, 2005............Respondents Judgment December 6, 2005. Lawyers Involved: Meher Kanti Majumder, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Abdus Salam Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent N..

Category: Property Law | Date: | Hits: 19

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......rim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners  Vs. Rupali Bank Limited, Johnson Road, Dhaka and others......Respondents Judgment December ......ers  Vs. Rupali Bank Limited, Johnson Road, Dhaka and others......Respondents Judgment December 10, 2006.  Result: The leave petition is dismissed. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Petition..

Category: Banking Law | Date: | Hits: 85

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......ellate Division (Civil) Present: MM Ruhul Amin J Md. Hashan Ameen J Mst. Rousan Ara ................................................................Petitioner Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another........Respondents Judg......Joint District Judge), Rajshahi. In that suit Morzia Khatun admitted that she was benamder. Thereafter, Alhaj Faruque Hossain died. The present plaintiff was brought from India by her relation Kazi Abdus Sami and she was married with late Alhaj Faruque Hossain on 26.07.1982 and she secretly smug..

Category: Family Law | Date: | Hits: 150

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Samad Talukder and another……………… Appellants Vs. Sarkar Mahmud and others .......................Respondents Judgment Febru......his Case is also Reported in: IV ADC (2007) 669. ..

Category: Property Law | Date: | Hits: 28

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdus Sukkur and others………………… Petitioners Vs. Mohammad Younus and others ........Respondents Judgment December 14, 2006....... in: IV ADC (2007) 654. ..

Category: Property Law | Date: | Hits: 24

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......te Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md. Abdus Sobhan ...............................................................Responde...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md. Abdus Sobhan ...............................................................Respondent Judgm..

Category: Employment/Service Law | Date: | Hits: 64

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... cogent reason to interfere with the same. Both the appeals are, therefore, dis­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, dis­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Khondker Ansar Ahmed & others…………………Appellants (In both the cases) Vs. A.T.M. Monsur Ali Mallik & others…………………Respondents (In both the cases) ...... to India immediately after parti­tion of India. Dhiren and Biren Bhattacharjee settled the suit properties along with other lands of the suit plot to defendant’s predecessor-in-interest, Khondker Abdus Salam on 17.05.1950 at a rental of Tk. 30/- on receipt of a salami of Tk. 4001/- by executing ..

Category: Property Law | Date: | Hits: 34

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Jud.........................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. Case Referred to- Abdus Sattar and others Vs IFIC Bank Ltd. 52 DLR (HCD) 4. Lawyers Involved: A. J. Mohammad A..

Category: Civil Law | Date: | Hits: 132

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......t: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases)    Vs. The First Court of Settlement and other................Respondents (In both the cases) ......K, the respondent No.3, by allotment letter dated 12.2.1962 allotted Plot No.4 situated at Block No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the  respondent No.4, and then on 15.10.1963 ; RAJUK duly executed lease deed fo..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgme...... Case No.22KT/71-72 earlier by respondent No. 6 (present petitioner) Ayen Ali Howlader for Settlement of .116 Sahasrangsha of land from Plot No. 1083 and Settlement Case N0.21KT/71-72 filed by one Abdus Salam Monshi and others for Settlement of 102 Sahasrangsha of land from Plot No.1083 were sta..

Category: Property Law | Date: | Hits: 29

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......s Shanu who admitted his guilt to the effect that on 01.09.1986 he along with Habilder Abdur Razzak, Constable Dhiman Bhatta and Constable Pradip snatched away $5400. On the same day accused Pradip Kumar Das and Habilder Abdur Razzak were arrested and $3,000 was recovered inside the boot shoe of......Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Joynul Abedin J Md. Hassan Ameen J Mohammad Ali alias Shanu ............Petitioner Vs. The State..................................Respondent Judgment December 10......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..

Category: Criminal Law | Date: | Hits: 40

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... 9. In support of the petition Mr. Farooq Ahmed, learned Counsel submits, inter-alia, that the High Court Division committed error in failing to consider that the defendant No.1 Sree Shyamal Kumar Paul sold the possession of the suit premises to the defendant No.2 on 05.05.1993 and there ......vision (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 200......the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......rt of the roof of the suit premises and replaced it by affixing tin over there and opened an additional door by breaking the wall of the suit premises and sub-let the said suit premises to one Swapan Kumar and thereby the respondent was constrained to send notice under Section 106 of the Transfer Pr......0. ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..

Category: Tenancy Law | Date: | Hits: 184

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......t of the property mentioned in the schedule attached to the plaint. 3. The case of the plaintiff, in short, is that the property described in the schedule attached to the plaint was owned by Babu Kumar Ghose and another and the same was the property of Ghosh Babu Estate, that plaintiffs father t......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Md. Miksar Ali Dewan and others........................Petitioners Vs. Dares Ali Mondal and others..............................Respondents Judgement Augus......acres of land on August 24,1963 i.e. land of "Uma" schedule to Mazeda Khatun and Moslema Khatun and others and record of right was prepared in their names, that Hanif Uddin sold 4.00 acres of land to Abdus Sobhan and also 3 acres of land to one Namazi who died leaving the defendant Nos. 57-60, that ..

Category: Property Law | Date: | Hits: 29

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......estigation he submitted charge sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution PW Bimal Kumar Das being the informant as well as investigating officer was examined again as PW 23. The husb...... Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................Respondent Judgment January 31, 2008. Result: ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94