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Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

....upreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md. Abdul Munim C......Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md. Abdul Munim Chowdhury...... M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md. Abdul Munim Chowdhury & another..............................Respondent Ju......ferred 0.06 acre out of the Suit Plot No. 1006 in favour of Moklesh Uddin Chowdhury. Abdus Salam Chowdhury filed Miscellaneous Case Nos. 135 and 136 of 1967 for pre-emption under Section 96 of the State Acquisition and Tenancy Act against Abdul Mannan Chowdhury and Moklesh Uddin Chowdhury respec..

Category: Property Law | Date: | Hits: 30

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006...... ..

Category: Criminal Law | Date: | Hits: 36

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......299 ......1881 is a question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be qu..

Category: Criminal Law | Date: | Hits: 67

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......  Present:  Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J  Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants  Vs.  Bangladesh and others………………………………....Respondents  Judgm......ality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of the Constitution.……….(35 and 36)  Cases Referred to- Kathi Raning vs. State of Saurashtra, AIR 1952 SC 123; Muhibur Rahman Manik vs. Bangladesh, 55 DLR 636. Lawy..

Category: Criminal Law | Date: | Hits: 59

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate and Mahmudul Islam, Senior Advocate (Ziaul Hasan, Advocate with them) instructed by Mahmuda Begum, Advocate-on-Record— For Respondent No. 1. Respondent No. 2-Not represented. ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ....... ......judg­ment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respon­dents being employees of State instrumentality are not governed by the general principle of master and servant and the manage..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......d. Joynul Abedin J  Md. Hassan Ameen J Md. Abdul Matin J   Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku............Respondent Judgm......C) 830; P Jayappan vs. Sk Perumal: (1994) 149 ITR S96(SC); Tip­top Plastic Industries P Ltd vs 1TQ; (1995) 2H ITR 778 (Madras); Gopal vs. Assistant CIT; (1994) 207 ITR 971 (Madras); MK Gopalan vs. State of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AI..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......er knowing about the wrong S.A. record in the name of the said defendants in the government, the plaintiffs in the first part of 1973 filed a Misc. Case no. 26 of 1973 under section 143 (A) of the State Acquisition and Tenancy Act which was dis­missed for default on 15-06-1976 due to illness..

Category: Property Law | Date: | Hits: 23

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment Augu...... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron&hell..

Category: Criminal Law | Date: | Hits: 38

Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......o;Mr. Mohammad Zafar Ali Khan, the learned Advocate appearing for the applicants, submits that the predecessor of the applicants purchased the property in question and Siddiya Khatun and Anwara Begum did not acquire any right title and interest in any portion of the land in question and that......ain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Mini......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ..

Category: Property Law | Date: | Hits: 24

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. .............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahirul Hague Zahir, Deput...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. ......46. ..

Category: Criminal Law | Date: | Hits: 24

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment   &nb...... Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment      ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......f the deceased. P.W.3, Md. Abdul Hai Sarder, a local dafader. P.W.4, Abdur Razzak Mollah, P.W.5. Nur Ismail Gazi did not say anything regarding involvement of the respondents in the case. P.W.6, Alea Begum, step mother of the deceased stated, that the deceased took Tk.2100/- from his father and gave......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 200......sed. Ed. This Case is also Reported in: V ADC (2008) 439. ..

Category: Criminal Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......mad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka and others........Respondents ......Islam was not therefore aggrieved by the said judgment dated 13.7.2000. 12. After receiving the aforesaid judgment of the Appellate Division passed in Criminal Petition No. 220 of 2000, the State represented by the Deputy Commissioner, Dhaka and the Officer-in-charge, Motijheel Police Sta..

Category: Criminal Law | Date: | Hits: 32

Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)

....w of the discussion made above, we do not find any substance in this peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ...... Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Ekabbar Hajra and others......................Petitioners Vs. Salamat Hajra being dead his heirs Sufia Begum and others.........Respondents Judgment        ...... (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Ekabbar Hajra and others......................Petitioners Vs. Salamat Hajra being dead his heirs Sufia Begum and others.........Respondents Jud......w of the discussion made above, we do not find any substance in this peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..

Category: Property Law | Date: | Hits: 19

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ...... Khan became the owner of the suit land and subsequently died leav­ing behind 7 daughters namely Rahima Khatun, Ayesha Khatun, Joytunnessa, Khairunnessa, Johora Khatun, Amena Khatun, Hoseneara Begum and one son, Abul Hossain and one wife Rahatannessa who inherited the suit land. The aforesai......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007.......ce; that the Courts below failed to consider the regis­tered deeds of agreement to reconvey the land Ext-'A' and 'B' and thereby failed to appreciate the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession i..

Category: Property Law | Date: | Hits: 19

Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)

....) 418. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. Judgment      &nb...... of Reazuddin Mia, Harmuj Mia and Tazu Mia and that finally the said R.S. khatian was corrected in the background of the judgment passed in a case instituted as per provision of Section 143A of the State Acquisition and Tenancy Act on January 9, 1974, that defendants having failed to purchase th..

Category: Property Law | Date: | Hits: 22

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

....f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......Vs. Tarequl Rahman, 50 DLR 66; Doyal Chandra Mondal and others Vs. Assistant Custodian, Vested and Non Resident Property, 50 DLR 186; Shambhu Nath Paddar Vs Bangladesh Railway, 43 DLR (AD) 82; Rokeya Begum Vs Abu Zaher of others, 4 MLR (AD) 171. Lawyers Involved: Mohammad Nawab Ali, Advocate-o......also Reported in: V ADC (2008) 412. ...... claimed that they were given pattan and the alleged pattan was obtained by the defendants predeces­sor and others but no documents were pro­duced. He further submits that under Section 144A of the State Acquisition Tenancy Act an entry in the record of right has a presumptive value of its correct..

Category: Property Law | Date: | Hits: 21

Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)

....correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......V ADC (2008) 407. ......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ..

Category: Civil Law | Date: | Hits: 128

Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)

....e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. ......enancy Act seems to be barred by law without considering, the case of the plaintiff-petitioners that the suit land had accreted much before coming into force of Section 87(1) and (2) of the State Acquisition and Tenancy Act which is not retrospective in natun; that the High Court Division..

Category: Property Law | Date: | Hits: 25