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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....d. ...... of 2005) Dr. Kamal Hossain, Senior Advocate (Sara Hossain, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the petitioners (In C.P. No 50 of 2006) A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Recor-For Respondent No.5 (In both ......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. ...... Supreme Court Appellate Division (Civil) Present: 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 oth­e..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......lant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.     A.S.M. Khalequzzaman, A......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. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....hout any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Responden......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....d no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......J Md. Baker Miah and others............Appellants Vs Shamsun Nahar Begum...........Respondent Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellants ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......d with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its At­torney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.…………â€......rs from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) Cases Referred to- Bengal Jute Mills Vs. Jecoraj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs.......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....y civil in nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appel­lants. B. Hossain, Deputy Attorney-Gener......s quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......d. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

Abul Khair Vs. State, 2005, 34 CLC (AD)

....ppellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......State……………... Respondent Judgment   June 21, 2005 Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant       Abdur Rouf, ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... of 2003 Judgment:                   Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea..

Category: Criminal Law | Date: | Hits: 52

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....e perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Mojibur Rahman Howlader & Others....Appellants Vs Afsar Ali Howlader……………………………......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ...... Judgment:                    M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3..

Category: Property Law | Date: | Hits: 35

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....n ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners   Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No......…………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners   Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 869 of 2......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......t:                  Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....e appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Lawyers Involved:  A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Mustafa Niaz Mohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No. 186 of 2003 Judgment Md. Ruh......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed..

Category: Trust/Waqf Law | Date: | Hits: 228

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

.... is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... 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. Khandaker Mahbubuddin Ahmed, Senior Advocate, (M.I.......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. ......disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

....etition is dismissed. Ed.   ...... Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR AD 74. Lawyers Involved: Abdur Rob-1, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners.      Rafiqul-Ul-Huq, ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ..

Category: Business or Commercial Law | Date: | Hits: 100

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......ceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by M. Nowab Ali, Advocate-on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by S......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Cri..

Category: Criminal Law | Date: | Hits: 58

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Re­spondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989...

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

.... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ..

Category: Criminal Law | Date: | Hits: 53

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

....nat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election......te (Abdul Wahhab, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Mainul Hosein, Advocate, (Md. Joynal Abedin, Advocate with him) instructed by M. Nowab Ali, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-12. Ci....... 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. ...... (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 another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....amp; 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. B.Hossain, Deputy Attorney-General instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (State). Criminal Appeal No. 3 of 1989. ......ceased and proved three bullet inju­ries on his person. PW 5 is a seizure list witness and PW 6 like PW 2 was only tendered. PW 7 is the constable who carried the dead body to the morgue. PW 8 Yunus Ali and PW 9, Abdul Mazid were al­leged to be the persons present at the place of occur­rence at S......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ..

Category: Criminal Law | Date: | Hits: 44

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

.... no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......ted guilt in his presence of the witnesses. P.W.3 Shahab Ud­din, P.W.4 Ruhul Quddus, P.W.5 Abdul Jab-bar, P.W.6 Helal Uddin and P.W.8 Md. Abdul Gafur owner of the Ice Cream Factory, P.W.9 Asad Ali Member, P.W.13 Abdul Ahad also stated that they saw the dead body of the de­ceased inside t......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. ......nt:                   M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference..

Category: Criminal Law | Date: | Hits: 57

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

.... Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismai......and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....llant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with ...... Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ...... leave to Appeal No. 1812 of 2002 Judgment           Md. Fazlul Karim J.-  The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88..

Category: Employment/Service Law | Date: | Hits: 136