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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. ......;          Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md. Abdus Sobhan ........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. ..

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

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ...... S. N. Chowdhury Vs Government of Bangladesh and others, Civil Appeal No.50 of 1998. Lawyers Involved: Al-Haj Gius Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ........Respondents Judgment January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..

Category: Property Law | Date: | Hits: 32

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..............Appellant Vs. The State...............................Respondent Judgment September 13, 2007. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant   Zahurul Islam Mukul, Deputy Attorney General, instructed......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..

Category: Criminal Law | Date: | Hits: 42

Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......ondents Judgment May 10, 2007. Lawyers Involved: Nasiruddin Chowdhury, Advocate (appeared with leave of the Court) instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record- for Respondent No.1.   ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ..

Category: Employment/Service Law | Date: | Hits: 83

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. ...... 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. ...... Vs. Dares Ali Mondal and others..............................Respondents Judgement August 5, 2007. Result: The petition is dismissed. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab...... 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. ..

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. ......ere examined by the prosecution and the husband of the deceased was examined as a Court witness. Admittedly there was no eyewitness to the murder of Chapa which took place inside her bedroom when she retired for the night with her young son, her husband being away to Calcutta for the treatment of hi....... Cases Referred To- Mahbubur Rahman vs. Mujibur Rahman, 1984 BLD (AD) 175 = 37 DLR (AD) 145; Safder Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Khondker Mahbub Hossain, Advocate-on-Record—For the Appellant (In Criminal Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instruc......nishable with death or imprisonment for life and also be liable to fine. Since punishment with death i.e. the substantive sentence, was for murder but considering extenuating circumstance it could be reduced to imprisonment for life, in that view of the matter the principal accused in the instant ca..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....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. ......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. ......lul Karim J Amirul Kabir Chowdhury J                          Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others...............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

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... May 8, 2000. Case Referred To- Bangladesh vs. Md. Matiur Rahman, 1982 BLD (AD)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ar Hosain Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others………………………&hellip......in favour of the other candidates including the election petitioner. Therefore, the Tribunal excluded only 18 votes out of 649 votes counted in favour of the appellant at Bhairampur centre and thus reduced the appellant’s votes to 631 and held that due to such deduction the whole result of..

Category: Election Law | Date: | Hits: 126

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......nion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary  for proper adjudication of the issues involved in the writ petition; (b) if it decides in th......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not r...... No. 8275 instead of 8276 in Ext. Gha (2) and Ext. Ga (9) not tenable in law because of the provision of Section 91 of the Evidence Act. The High court division has observed "The deed has been reduced to the form of a doc­ument and as such no evidence shall be given in proof the terms of..

Category: Property Law | Date: | Hits: 42

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....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. ......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. ......Vs. Md. Yasin 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......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

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... Chairman 3rd Labour Court 39 DLR 11; Lal Mamud Vs. Siraj Miah 45 DLR 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 ......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 120

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- Buchanen vs Wasley, 245 US 60 at p. 74; Rajahmundry Electronic Supply Corporation vs State of Andhra, (1954) SCR 779 at p. 780. Lawyers Involved: AF Hasan Ar...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ection 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consi......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......s Case is also Reported in: 59 DLR (AD) (2007) 185. ......,72,500 and then the respondent No.1 made a counter offer for Taka 16,50,00,000 stating that the price quoted in the tender is most competitive and even lower than PWD approved rate and they have now reduced the price to Taka 16,50,00,000 taking into account the mode of transportation of the goods b..

Category: Others | Date: | Hits: 100

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. ......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. ......rred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237;  48 DLR (AD) 154; 57 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. ......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

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...............Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi S......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35