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Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

.... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......I ADC (2005) 888.......inal) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Khurshida Begum and another...............................Appellants Vs. Golam Mostafa and others ………………...Respondents. Judgment December 11, 2001......bered as Criminal Revision No. 352 of 1999. The learned Judges of a Division Bench of the High Court Division without issuing Rule and that also without hearing the Respondent Nos. 3-9 as well as the State disposed of the application on 15-6-1999 granting full relief sought in the revisional applica..

Category: Criminal Law | Date: | Hits: 37

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......Chowdhury J Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and another................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004...... Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and another................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases R..

Category: Criminal Law | Date: | Hits: 35

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......nal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J The State………………....Appellant Vs. Nuru Mira.............Accused-Respondent Judgment May 16, 1993. Law......DC (2005) 867. ..

Category: Criminal Law | Date: | Hits: 44

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......ivil) Present: ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J  Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, ...... by the High Court Division on 8.4.96 making the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by responden..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994......ntiff-respondent Nos. 1-12, submits on the other hand that a right of way also includes such ancillary right as the right to use the sub-soil. He relies upon sec­tions 3(4) (a) and 44(1) of the State Acquisition and Tenancy Act, Gale on Easements, 13th Edition, page 39, Halsbury's Laws of En..

Category: Procedural Law | Date: | Hits: 64

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahida Begum and ors...............Respondent Judgment April 21, 1998. Lawyers Invol......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahida Begum and ors...............Respondent ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......llate Division (Criminal) Present: Syed JR Mudassir Husain C J MA Aziz J Amirul Kabir Chowdhury J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and anoth­er................Respondents Judgment Januar...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)

....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………………….Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. ......orted in: II ADC (2005) 790. ..

Category: Criminal Law | Date: | Hits: 44

State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)

.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ...... (Criminal) Present:  Syed JR Mudassir Husain CJ M A Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla………………...Appellant Vs. Kamal Uddin @ Pichchi Kamal.........Respondent Judgment January 10, 2005. Result: ......his Case is also Reported in: II ADC (2005) 788. ..

Category: Criminal Law | Date: | Hits: 47

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and anoth­er.........Respondents Judgment July 27, 2002. ......vision (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and anoth­er.........Respondents Judgment July 27, 2002. Lawyers I..

Category: Criminal Law | Date: | Hits: 50

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... Latifur Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992)......on and ors.......Respondents. (In Civil Appeal No. 65 of 1992) Judgment February 8, 1994. Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 SC 561; Bishun Narain Vs. State of U.P. AIR 1965 SC 1567; J. Kumar Vs. Un..

Category: Employment/Service Law | Date: | Hits: 106

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and oth­ers...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28,......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......the appeal modifying the sentence, 2. Mansur Ali, the informant on 26.4. 1997 at about 1.35 P.M. lodged an FIR with Pirganj Police Station, Rangpur alleging that he used to love one Monowara Begum, daughter of Shafu Mondal of Village Ghanashuampur and accordingly marriage between them was ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ...... Md. Tafazzul Islam J Md. Abdul Matin J Aminul Islam @ Saheb Mia and others………………………Petitioners Vs The State……..........Respondent Judgment June 15, 2008. Lawyers Inv..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ch of the High Court Division accepting the Death Reference No.98 of 2004 and dismissing the Criminal Appeal No.4314 of 2004. 2. The prosecution case, in short, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to con­demned-petitioner Mirajul Sheikh befor......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ...... Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Mirzajul Sheikh………………………..Petitioner Vs The State……………………………&hellip..

Category: Criminal Law | Date: | Hits: 86

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Samarendra Nath Das (Nalu) and others ………………Petitioners Vs. Md. Atique and others……………………&hel......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..

Category: Criminal Law | Date: | Hits: 41

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......lul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Jamira Khatun and others………………………….Petitioners Vs. Md. Fazlul Karim and others .....................Respondents Judgment Febr......ded in the name of his landlord Abdul Monaf and as such for cor­rection of record he filed Miscellaneous Case No. 139 of 1969 in the First Court of Munsif, Sylhet Sadar under Section 143 of the State Acquisition and Tenancy Act which was decreed in his favour and accordingly the record was c..

Category: Property Law | Date: | Hits: 31

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......eration in 1971. At the time of S.A. operation the suit land measuring 9.64 acres was not recorded in the name of the plaintiffs and as such they filed an objection case under section 19(1) of the State Acquisition and Tenancy Act being objection Case No.92 and the case was allowed and the suit ..

Category: Property Law | Date: | Hits: 23

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land Reform and......e, the petitioner having failed to seek the relief expeditiously, is not entitled to get any relief and further in terms of Article 15 of the Constitution it is a fundamental responsibility of the State to provide to its citizen the basic necessi­ties of life including food, clothing, shel&s..

Category: Property Law | Date: | Hits: 50

Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)

....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ...... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Pe......l Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Petitioners Vs. M.A. Siddique and other........Respondents Judgment October 20, 2008. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..

Category: Property Law | Date: | Hits: 27

Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)

....there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 20......ale to reconvey the said land on receipt of the consideration and on the basis of the same filed  an application before the Revenue Court,  Bhandaria purportedly under section 95 of the State Acquisition and Tenancy Act and  got an ex parte order of redemption dated  9.10.19..

Category: Property Law | Date: | Hits: 26