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Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
..........Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate, (with Probir Neogi, Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petiti......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......p; Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 200......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......71/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Mohammad Abul Kashem, Assistant Inspector of District Anti-Corruption Bureau, Kushtia lodged FIR with Kumarkhali Police Station against the accused respondent and others alleging that they in collusion ...... Md. Tafazzul Islam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ...... Division (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers......on (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involv..Category: Tenancy Law | Date: | Hits: 163
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......;………(14) Cases Referred To: Azizul Huque Sikder and others vs Collector of Customs 49 DLR (AD) 172; Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; JB Sampath Kumar vs Union of India, AIR 1937 SC 387 and Chopra vs Union of India AIR 1987 SC 357. ......esent: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangladesh and others..................Appellants Vs. Md. Salahuddin Talukder ..........................Respondent Judgment No......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......n AIR 1959 SC 149; Hefzur Rahman (Md) vs Shamsun Nahar Begum 51 DLR (AD) 172; Hussain Baksh vs Settlement Commissioner 21 DLR 456; Firm Sriniwas vs Mahabir Prasad AIR 1951 (SC) 177; Om Prakash vs Ram Kumar AIR 1991 (SC) 409; Secretary to Government vs Abdul Kafil PLD 1978 (SC) 242; Muskrat vs United......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 1997 (Kerala) 291; Myers V. United......iya ………………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………&hell......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....in Ali and other ……………………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitione......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Sree Girish Chandra Barman………………………Petitioner Vs. Md. Yasin Ali and other ……………………R......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......ent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....638; Afsaruddin Ahmed Vs Banque Indosuez, 44 DLR (AD) 136. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Appellant. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For t......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment Mar......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......su; then on 10-2-71 Goman sold his OJO acres to Khagendra; Banga on 13-11-28 also sold 0.40 acres to one Afzal Khan who then sold it to Cherag Ali on 3-4-57 and on 3-4-57 Cherag Ali sold it to Noba Kumar; Banga died leaving two sons Chandra Kumar and Joy Chandra; by dint of different transaction......Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 1......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......s purchased by the decree holder and obtained the sale certificate and took delivery of possession through Court. The auction purchaser, Ganga Charan Majumder died leaving plaintiff No.1 and Ananta Kumar Majumder, the predecessor of plaintiff Nos. 2-4, that RS and SA record as regard the land in......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... Kurpal Hemraj and others vs. Shamrao Raghunath Raote and others, AIR 1923 (Bombay) 211; Tribeni Tewary and others vs Ramratan Nonia and others, AIR 1959 (Patna), 460; Anandilal Poddar vs Gunendra Kumar Roy and another, AIR 1966 (Calcutta),107; Shri Murti Parasnathji through Sarbarakar Singhai M......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......esent: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......0 decimals and out of that 1 decimal was of certain Nurul Huq and the rest 19 decimals were of defendant No.2 and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ck by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-For the Appellants. Abdus Samad, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record- For Respondent Nos. 1-3...Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.... Singh and another AIR 1927, PC. 230; Mt. Jahan Ara Begum Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir Neogi, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......Wahidun Nabi and another………………...Appellants Vs Jatindra Mohan Roy and others………...Respondents Judgment August 2, 2004. Cases Referred To- Sheikh Rahmat Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and an......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......(8,12 & 15) Cases referred to: Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and an......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Mahmudul Alam Mantu .........…………………………………..........Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......sses present. The condemned prisoner was then handed over to the police. On the basis of the information received from the informant G.D. Entry No. 110 dated 04.10.2002 was recorded and S.I. Rupok Kumar Saha went to the place of occurrence and prepared the inquest report on the dead-body of the ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......lant Vs Md. Abdul Jabbar Sheikh…………………Respondent Judgment July 3, 2006 Cases Referred To- Bishundeo Vs. Seogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tr......Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdus Salam Khan, Senior Advocate, instructed by Ahsanullah Patwary Advocate-on-Record- For the Res..Category: Property Law | Date: | Hits: 38
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