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Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ho died leaving 6 sons namely Amir Ali, Jonab Ali, Nayab Ali, Kudrat Ali, Hossain Ali and Rustam Ali, and these 6 brothers made an amicable partition of the land in suit. Rustarn Ali died leaving Lal Md. who lived with Amir Ali and CS record of right was prepared accordingly. Lal Md. died leaving hi......ength of registered kabala marked Ext. 1(c). As joint possession caused inconvenience plaintiff demanded partition by metes and bounds but it was refused and hence the suit. 5. Defendant No.3 Ayes Ali alone contested the suit filing written statement. Defence case in short is, that suit property ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....s a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947, by plaintiffs predecessor Md. Raushan Ali in favour of his step brothers defendants No.7 Akbar Ali and deceased minor Azibar w......hedule of the plaint. The case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑ewaz transferred the entire land in favour of his Ist so...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)

............Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Parties. Cr...... Present: Abdul Hasib J Dr. Joynal Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the P......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......esent: Abdul Hasib J Dr. Joynal Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petit..

Category: Criminal Law | Date: | Hits: 79

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

...., AIR 1962 Patna 403; Motamari Ramiah and others Vs. Kumari Malliah and others, AIR 1962 Andhra Pradesh 72; Gopal Chandra Sadhu‑khen Vs. Sheikh Jamsed and another, AIR 1965 Cal. 51; Salch Ahmed Vs. Md. Zakaria, 37 DLR 296; and Ali Hossain Vs. Rafiquddin, PLD 1977 Lahore 418. Lawyers Involved: ......i Ramiah and others Vs. Kumari Malliah and others, AIR 1962 Andhra Pradesh 72; Gopal Chandra Sadhu‑khen Vs. Sheikh Jamsed and another, AIR 1965 Cal. 51; Salch Ahmed Vs. Md. Zakaria, 37 DLR 296; and Ali Hossain Vs. Rafiquddin, PLD 1977 Lahore 418. Lawyers Involved: Garib Newaz, Advocate ‑F...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ase is also Reported in: 44 DLR (HCD) (1992) 63...

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The State of UP, 1955 SCA 832; Gurudeva......hya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The State of UP, 1955 SCA 832; Gurudeva Narayan Sri......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Dr. Syed Mahbubur Rahman......................Petitioner Vs. Bangladesh University of Engineering and Techno­logy, represented by its Vice­ Chancellor and another..................Respondents J..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

.... of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......4, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......vocate-on-Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Misce..

Category: Criminal Law | Date: | Hits: 112

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......preme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim............................

Category: Administrative Law | Date: | Hits: 181

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....o- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharraf Hossain Khan, 34 DLR 343; M/s Anath Bandhu Guha & Sons Ltd., 7 PLR (Dac) 159; Nath......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..

Category: Company Law | Date: | Hits: 159

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

.... expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......me Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others......... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………..

Category: Civil Law | Date: | Hits: 86

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....o Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petiti......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involv..

Category: Criminal Law | Date: | Hits: 89

Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)

....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......Rahman J Nurul Islam & others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, A......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......Nurul Islam & others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑Fo..

Category: Procedural Law | Date: | Hits: 51

Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)

....ahmudur Rahman J Hazerannessa .....................Plaintiff‑Petitioner Vs. Nasiruddin Mahmood and others……….Opposite Parties Judgment January 29, 1991. Lawyers Involved: Md. Awlad Ali, Advocate‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Re......hman J Hazerannessa .....................Plaintiff‑Petitioner Vs. Nasiruddin Mahmood and others……….Opposite Parties Judgment January 29, 1991. Lawyers Involved: Md. Awlad Ali, Advocate‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......8...

Category: Procedural Law | Date: | Hits: 79

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....ple's Republic of Bangladesh and others, Writ Petition No.882 of 1991. Lawyers Involved: Rokonuddin Mahmood with Murad Reza, Advocates‑For the Petitioner (In Writ Petition No.767 of 1991.) Md. Monsurul Huq Chowdhury, Advocate‑For the Petitioner (In Writ Petition No. 947 of 1991.) Ami...... Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahore) 131; Anisminic Ltd. Vs. The Foreign Compensation and another, (1969)......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199..

Category: Criminal Law | Date: | Hits: 88

Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)

....rts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... occurrence and clearly identified the dead body of his deceased sister (victim). After receiving the news of the incident concern Union Parisad Chairman Anarul Biswas and Union Parishad Member Sadak Ali were present along with the villagers at the place of occurrence and among of them U.P. member S....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......al-For the opposite party. Criminal Miscellaneous Case No. 8145 of 2008. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 26.6.1997 passed by the learned Special Tribunal No.3 and Additional Sessions Judge,..

Category: Criminal Law | Date: | Hits: 67

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

....ore J. - I agree. Ed. This Case is also Reported in: ...... victim. Even father, wife and stepbrothers of the victim were not examined. In this case four Investigating Officers investigated the case part by part, but only one I.O. was examined. The I.O. Abed Ali, Abdul Mabud and Nurul Hossain did not come to the Court to depose in favour of the prosecution ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......espondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Attorney General -For the State. Criminal Appeal No. 427 of 1996. ..

Category: Criminal Law | Date: | Hits: 73

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....le of res-judicata. The positive case of the defendant Nos.1-4, in short, is that the suit property which is known as "Burrer Pukur" was recorded in Moghi Chita Survey as Plot No.699 under Taraf Syed Md. Arshad. That Azmatullah and Mujibullah became the tenants under Taraf through settlement. That f...... Vs. Hafez Ahmed and others …………………………………………………………………….............Respondents Order April 28, 2011. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. A......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......III ADC (2011) 370...

Category: Property Law | Date: | Hits: 77

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....ances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......X ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......ucted by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court Division in First Appeal No. 288 of 2002). Jud..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

....83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ....... ...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......ain J Surendra Kumar Sinha J Md. Abdul wahhab Miah J Syed Mahhmud Hossain J Imman Ali J Mohammad Mahbubur Rahman…….............Petitioners (In both the cases) Vs. G.M Mostafa and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz Noor and another…..

Category: Others | Date: | Hits: 118

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... Present ABM Khairul Haque CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Zakir Hossain and another…………........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March 14, 201......The suit land measuring an area of 0568 ajutangsha, originally belonging to Khiroda Shundari Daishya, was put to auction for arrears of rent in Certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque on 20.06.1953. The sale was confirmed on 24.08.1953 and the sale cert...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......: VIII ADC (2011) 344...

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....ns are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......enior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For Respondent No.1 (In Civil Petition Nos. 512 & 514 of 2010.) Rokunuddin Mahmud, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents (In Civil Petition Nos. 513 of 2010.) Not Represente......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, represent­ed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub..

Category: Constitutional Law | Date: | Hits: 247