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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ  MM Ruhul Amin J Md. Joynul Abedin J Bangladesh and others......................Appellants Vs. Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Resu...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others.............s right under the statute cannot be modified, altered or affected by an amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents ...... on the strength of the temporary injunction made in the suit got no leg to stand upon……………………(12) Cases Referred to: A.F.M. Shah Alam and others, 41 DLR (AD) 6; Secre­tary of State Vs. Mask & Co., 44 C.W.N. 709; Wolverhampton New Waterworks Co. Vs. Hawkesford (6 C.B.N.S...

Category: Election Law | Date: | Hits: 173

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......(Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment N......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..

Category: Property Law | Date: | Hits: 80

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......n: 42 DLR (AD) (1990) 130. ...... J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent......Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent Judgme..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Ju......Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. Is­lamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (A..

Category: Property Law | Date: | Hits: 32

Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)

....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents J......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)

....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Kazi Shamsul Huq & others………………Appellants Vs. Robeya Begum & others………………Respondents Judgment ......: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Kazi Shamsul Huq & others………………Appellants Vs. Robeya Begum & others………………Respondents ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Procedural Law | Date: | Hits: 93

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... Case is also Reported in: ......e is being laid down for observing strictness of the proof of substantial and reasonable cause in making such delay. Standard of acceptance must, however, remain the same in case of both citizens and State". The question of condonation of delay in filing appeal by the State came up for consideration..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

..... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)

....lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 103

Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)

....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Wasim Mia...................................Petitioner vs The State, represented by the Deputy Commissioner, Netrokona…………..Respondent..

Category: Criminal Law | Date: | Hits: 57

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)

....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdul Malek, Senior Advocate, in......inal) Present: Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case ..

Category: Criminal Law | Date: | Hits: 52

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......ul Karim J M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Nurul Amin………………………...Petitioner vs The State represented by the Deputy Commissioner, Pabna.....Respondents Judgment November..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......e Division (Criminal) Present:  Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.............. (Criminal) Present:  Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent..

Category: Criminal Law | Date: | Hits: 50

Mizanur Rahman alias Mithu and anoth­er Vs. State, 2006, 35 CLC (AD)

....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ollowing 07.09.1994 at about 9-9.30 P.M. the accused petitioners Mizanur Rahman alias Mithu, Masud Uddin @ Md. Masud Uddin @ Badal and co-accused Shaheen Faraji entered into the room of one Monira Begum @ Khushi (P.W. 10) and threw acid on her face and that the aforesaid victim Khushi recognized......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and anoth­er……....Petitioner Vs The State……………………………&hellip..

Category: Criminal Law | Date: | Hits: 48

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respondent Judgement February 29, 2004. La..

Category: Criminal Law | Date: | Hits: 29

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir Ahmed and another...................Respondents Judgment Ma......less such proceedings end with acquittal.   Cases Referred to- Government of India and another vs. C. A. Balakrishnan and oth­ers, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others Vs. Bangladesh Oil, Ga..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ...... of civil courts and having all the powers which the subordinate Courts may exercise it is competent to entertain all actions as a Court of original jurisdiction which may lie in any Court in that State. The Court held: For this exalted claim, there is no warrant in our jurisprudence. Jur..

Category: Civil Law | Date: | Hits: 119