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Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

....es Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Responden......Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appea...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is..

Category: Property Law | Date: | Hits: 34

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....1979) 109. ......……Respondents Judgment April 16, 1978. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab—II, Advocate-on-Record - For the Appellants (In both the appeals). T. Ali, Senior Advocate, instructed by M.A. Khaled, Advocate-on-Record - For Respondents Nos. 1 & 2...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......hen Rashid Khondker reached near the ‘ghata’ of respondent Fagu Matbar he was surrounded by the respondents who were lying in ambush. Fagu Matbar and Moti Matbar had chendao in their hands. Akkel Ali Matbar had sarki (katra) and the other three respondents viz. Elemuddin Matbar, Sasan Matbar and......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....im Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajud......endra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajuddin Ahmed ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......e is also Reported in: 31 DLR (AD) (1979) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....ict Magistrate, Burdwan, 1964 (SC) 334; Motilal Jain Vs. The State of Bihar, AIR 1968 (SC) 1309; Shushanta Goshwami, AIR 1969 (SC) 1604; Mahbub Anam Vs. The Govt. of East Pakistan PLD 1959 Dacca 774; Md. Humayun Kabir Vs. The State, (1976) 28 DLR 259; Arbab Md. Hashem Khan on behalf of Arbab Abdul G......stan, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC) 1; PLD 1969 (SC) 14; Government of East Pak­istan Vs. Rowshan Bijoya Shaukai Ali Khan, (1966) 18 DLR (SC) 214; Tofazzal Hossain Vs. Province of East Pakistan, (1965) 17 DLR, 498...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... Police Station via Hamid Road, two gun-shots were fired from eastern side of the road from a building known as Gulbag Hotel, injuring Nurul Islam, orderly of the Deputy Commissioner, and a constable Md. Solaiman Ali, both of whom were in the jeep. The injury of the orderly was grievous. The victims......on via Hamid Road, two gun-shots were fired from eastern side of the road from a building known as Gulbag Hotel, injuring Nurul Islam, orderly of the Deputy Commissioner, and a constable Md. Solaiman Ali, both of whom were in the jeep. The injury of the orderly was grievous. The victims were rushed ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......is Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)

....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ...... machineries, hardware, etc. Taherally Adamjee had 12 annas share and the other partner had 4 annas share. Taherally Adamjee died on July 1, 1957, leaving his wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. With a view t......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Ad­vocate instructed by..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

.... was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......f the deceased. P.W.8 A.K.M. Fazlul Haq, local Head Master in his evidence stated that on the date of occurrence he was at Baufal and on way back to the residence by rickshaw, he met P.W.1 Kanchan Ali and his nephew Golal @ Altaf Hossain at village Madaupura and P.W.1 Kanchan Ali told him that S...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......sed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)

....cordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. .................. Petitioner Vs. Md. Nazir Hossain Patwary & others ...................Respondents Judgment  May 8, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the petitioner          ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......nbsp;            Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ..

Category: Property Law | Date: | Hits: 35

Jashimuddin & other Vs. State, 2006, 35 CLC (AD)

....on and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ccompany them in order to identify the house of Murad Huzur and boarded in the microbus but in fact they were taken to the house of P.W.18 Kamrunnahar @ Morzina Begum, a relation of accused Liakat Ali. The further case of the prosecution is that these two minor boys were confined in the custody ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......nbsp; Not represented- Respondent            Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ..

Category: Criminal Law | Date: | Hits: 36

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Alimuzzaman Khan...............................Petitioner Vs Mohammad Golam K...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Alimuzzaman Khan...............................Petitioner Vs Mohammad Golam Kibri......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......, Section 73   As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- 42 DLR (AD) 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner   Not represented- the Respondents&n......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. .............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ..

Category: Administrative Law | Date: | Hits: 92

Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)

.... below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2004. ..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....l. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......utta 776. Atual Chandra Sarcar Vs. East Bengal Commercial Bank Ltd. and another AIR I960, Calcutta, 309. Ananta Kumar Bepari vs. Jamini Mohan Das and others 4 DLR, 487. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instruct...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ..

Category: Property Law | Date: | Hits: 38

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....Administrative Tribunal Case No. 168 of 1994 before the Administrative Tribunal, Dhaka challenging his order of retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's R......12-1993 under section 9(2) of the Public Servants (Retirement) Act, 1974 along with 4 others of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired by the Governm......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......bsp;           Md Fazlul Karim J  Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment          &..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......of Establishment............... Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, Advocate-on- Record— For the Appe......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200..

Category: Employment/Service Law | Date: | Hits: 69

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....p; Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Tahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 2......ddiq Md Umar and another vs Australasia Bank Ltd PLD 1966 (SC) 684 = 18 DLR (SC) 430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....nbsp;      March 21st, 2006  Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner. Abdur Razaque Khan, Additional A......howdhury, Abdul Ahad Faroq and others were injured seriously and they were taken to Habigonj Modern Sadar Hospital for treatment and that out of the injured persons Shah Manju Huda, Siddique Ali alias Sayeb Ali and Abdur Rahim died in the hospital and Mr Shah AMS Kibria, Advocate Abu Zahir......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J        Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment        ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashaban......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, ..

Category: Constitutional Law | Date: | Hits: 221