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Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....nbsp;              Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur RahmanMadbar and others…….…………Respondents&nb......ection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6)   Lawyers Involved-   Abdul Quayum Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner ...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... Kazi Ebadul Hoque J               Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur RahmanMadbar and others…….……&hell..

Category: Property Law | Date: | Hits: 49

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....   Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md. Shahidullah…………...................................……&h......m service and such termination is dismissal in the garb of termination and as such without lawful authority.  Cases Referred to-   Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) 1.   Lawyers Involved:   Aminul Haque...... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......p;       Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md. Shahidullah………….............................

Category: Employment/Service Law | Date: | Hits: 75

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....me Court   Appellate Division   (Civil)   Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry......   Md. Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry...................Appellant   Vs.   Abdul Malek Howlader and ors........... Respondents      Jud......smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......l Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry...................Appellant   Vs.   Abdul Malek Howlader and ors........... Respondents    ..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....nbsp;                               Md. Ruhul Amin J              &nbs......   Mosaddar Hoque vs. State, 10 DLR (SC) 29; KM Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111.   Lawyers Involved:  ......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......;                 Delower Hossain Khan .............................Petitioners   Vs.   State....................................................... Responden..

Category: Criminal Law | Date: | Hits: 76

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....e. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......nt Syed Ali got 2.07 acres of land and his sisters got 1.94 acres of land. Syed Ali also acquired 0.20 acres of land of the ‘Kha’ schedule. Thereafter he died leaving widow Kulsum, sons Wazuddin, Abdul Majid and Ofazuddin and a daughter Basena Bibi. Subsequently, Ofazuddin died leaving mother Ku......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......sent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The..

Category: Procedural Law | Date: | Hits: 114

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

.... dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......e acquitting the accused of the charge. The learned Additional Attorney-General has further submitted that the High Court Division erred in discarding PWs. 12 and 13 regarding recognition of Monu and Abdul Ahad who saw them carrying a bag on the plea of their being examined by the investigation offi......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16,..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud.  Lawyers Involved:   Abdul Quayuam, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record-For the...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......l Amin Choudhury J   Kazi Ebadul Hoque J   Government of Bangladesh………..Petitioner   Vs.   Ramananda Sarker……….Respondent   ..

Category: Procedural Law | Date: | Hits: 97

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......vidual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11)   Lawyers Involved:    Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......sp;              Osman Gani  ………………..…………Appellant Vs. State……………………………..

Category: Criminal Law | Date: | Hits: 55

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

....alled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......                         State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The a...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......;                          State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: ..

Category: Criminal Law | Date: | Hits: 55

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......lip;..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul Amin Khan, 46 DLR (AD) 85. Agrani Bank vs. Khandaker Badrudduza, 56 DLR (AD) 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......e Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....ispose of the suit expeditiously. There is no order as to costs. Ed. ......to- Marida Begum and others Vs. Moulavi Md. Hasan and others, 43 DLR, 242; Monirunnahar Begum and others Vs. Shahed Alt and others (1981) 1 BCR (HCD), 43. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......e Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respond..

Category: Civil Law | Date: | Hits: 77

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......sp; Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......Court Appellate Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. ..

Category: Property Law | Date: | Hits: 51

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....bsp; Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwary, Advocate-on-Record- For the Appellants     T.H.........Appellants Vs. A.K.M. Fazlul Haque...............................................Respondent Judgment 22 March 2005 Cases Referred To- Zane Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs.  Government of Bangladesh, 4 BLC ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh and others .....................Appellants Vs. A.K.M. Fazlul Haque...............................................Respondent Judgm..

Category: Administrative Law | Date: | Hits: 124

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

.... been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......a of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased out the said property for 99 years vide Registered Deed No. 2246 dated 17-2-1959 to Abdul Khaleque Bain of 7, Victoria Park Road, P.S. Kotwali, District-Dhaka and thus Abdul Khaleque ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... Present: Md. Ruhul Amin J Syed J.R. Mudassir Husain J     Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works...................................................Respo..

Category: Property Law | Date: | Hits: 54

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

...., 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. M......his Case is also Reported in: 32 DLR (AD) (1980) 247 ......se is also Reported in: 32 DLR (AD) (1980) 247 ......Court Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment Janua..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......luddin Hussain CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ent: Kemaluddin Hussain CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. ..

Category: Property Law | Date: | Hits: 85

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

..... He further submitted that Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed there-under sufficiently indicate, as held by this Division in the case of Bangladesh vs. Md. Abu Taker 31 DLR (AD) 33, that Article 7 of the President's Order No. 67 of 1972 pro­vides for ......The appellant was an Engineering Supervisor in the Electrical Division of the Telegraph & Telephone Board. The allegation is that on 28-4-74 the appellant handed over 25 electric main switches to one Abdul Jabbar, Propritor of a private firm. The police intercepted and seized the goods and thereafte......pellant was an Engineering Supervisor in the Electrical Division of the Telegraph & Telephone Board. The allegation is that on 28-4-74 the appellant handed over 25 electric main switches to one Abdul Jabbar, Propritor of a private firm. The police intercepted and seized the goods and thereafter a cr......e Court Appellate Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Division & ors...........Respondents ..

Category: Employment/Service Law | Date: | Hits: 70

Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)

....Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate wi......ul Haider Chowdhury, J.—This appeal by special leave arises out of the Judgment and Order passed by a Division Bench of the High Court Division in Writ Petition No. 847 of 1978. 2. Respondent 2, Abdul Jalil filed the above writ petition stating that he and the appellant, Afzal Khan along with t...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chow­dhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment ..

Category: Election Law | Date: | Hits: 136

Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)

.... Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. ......, section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyer......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......DLR (AD) (1980) 183 ..

Category: Property Law | Date: | Hits: 57

Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)

....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......n: 32 DLR (AD) (1980) 167 ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......ported in: 32 DLR (AD) (1980) 167 ..

Category: Property Law | Date: | Hits: 69