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Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
...., 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) Judgment Md. Ruhul Amin J. - The instant appeal is by the defendants against the judgment dated August 18, 2......er 14, 1960 on monthly rental basis. The defendants were running a business of Hotel and Restaurant in the premises so let out by Mir Baksha Miah to them, that Mir Baksha Miah died leaving Khaibor Ali Miah and plaintiff No. 9, that Khaibor Ali Miah died leaving the plaintiff Nos. 1-8, that after......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner (In both the cases). SH Nurul Huda Jaigird......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....ore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... Khatun and others... ...............Respondents Judgment August 28, 2006. Cases Referred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others vs Ali Mohammad Bhuiyan and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another v......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
.... set at liberty at once if not wanted in any other connection. Ed. ......as not aware of the contents of the first information report. 9. P.W 2 Md Younus Mia, brother of the victim Champa Khatoon, stated in cross-examination 10. P.W 3 Khaleda Akhter, P.W 4 Ali Amjad are sister and brother respectively of the victim. P.W 3 in cross-examination stated &ld......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....e limbs and faculties by which life is enjoyed. Ed. ......un, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Adv......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......reiterate the reasons given by the trial Court. Expression of general agreement with reasons given by the Court decision of which is under appeal would ordinarily suffice. 40. In the case of Nawab Ali Dhakua vs. Abdur Rahman & others reported in 1994 BID (AD) 229 leave was granted on the ground t......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-..Category: Civil Law | Date: | Hits: 109
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ere are four eye-witnesses regarding the assault by the principal accused Mohammad Khan on deceased Babujan. We will presently discuss and consider the material eviÂdence on record. 8. PW 1 Hatem Ali, son of deceased Babujan, lodged the First Information Report in this case. He stated that one d......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result..Category: Criminal Law | Date: | Hits: 117
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....ind that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, AdvoÂcates instructed by Md. Aftab Hossain, Advocate-on-Rccord—For the Appella...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......tinue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim bail should not continue for indefinite period and such bail shall continue for 4 months further. In case of the revision not being disposed of as ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
.... of 1989) and M. Nowab Ali, Advocates-on-Record (In Civil Appeal No. 60 of 1989)—For the Appellants (In all the cases). S. R. Pal, Senior Advocate (Zakir Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No. 6 (In Civil Appeal No. 58 of 1989) N......(AD) 68. Lawyers Involved: Dr. Kamal Hossain and Fazlul Karim, Senior Advocates, instructed by Sharifuddin Chaklader, Advocates-on-Record (In Civil Appeal Nos. 58 & 59 of 1989) and M. Nowab Ali, Advocates-on-Record (In Civil Appeal No. 60 of 1989)—For the Appellants (In all the cases). ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the PetiÂtioner. Asrarul Hossain, Senior Advocate in......as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, DhaÂka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio..Category: Employment/Service Law | Date: | Hits: 98
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......of inadvertence due to alleged pressure of work. Thus conviction of the appellants is justified…………………..(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For the Appellants. B. Hossain, Deputy Attorney General, instructed by......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ted in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....nce. The appelÂlant and other accused persons immediately left the place and went to their house. 3. A Chawkidar went to the Pirgacha P.S and informed the officer-in-charge about the murders. Mr. Md. Nazmul Huda, S.I. of Police came to the place of occurrence at about 12-30 p.m. and a written Ej......his Case is also reported in: 42 DLR (AD) (1990) 171. ......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t..Category: Criminal Law | Date: | Hits: 65
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
.... decree be stayed and the order of the high court division be modified………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Recordâ€......(Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Anwar Hossain Bhuiyan………………………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................Plaintiff-Respondent Judgment January 7,1990.......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann..Category: Civil Law | Date: | Hits: 117
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
....tion petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, AdÂvocate-on-Record — For the Appellant. Md. Fazlul Karim, Senior Advocate (Zulmat Ali Khan, Advocate with him), instructed by Nowab Ali, Adv......……………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, AdÂvocate-on-Record — For the Appellant. Md. Fazlul Karim, Senior Advocate (Zulmat Ali Khan, Advocate with him), instructed by Nowab Ali, Advocate-on-Record — For Respondent No. 1. ...... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......nt: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and OthÂers.....……………………………...Respondents Judgment March 19, 1989. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 2005) ...... A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney General with him), instructed by Ahsan U......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......os.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Divis..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....re directed to maintain status-quo till disposal of the appeal. Ed. ......Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil P......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
.... i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......7. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Fazlul Karim, Senior Advocate, Instructed by Nawab Ali, Advocate-on-Record-For Respondent Nos. 1. Not represented-Respondent Nos. 14-4. ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
.... Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Sirajul Islam and others………………………......nted by the Deputy Commissioner, Chittagong and another ......Respondent Judgment April 17, 2005. Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Res......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......llate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Sirajul Islam and others……………………….Petitioners ..Category: Criminal Law | Date: | Hits: 42