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Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....nbsp; Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by the Additional Assistant Judge, Sylhet, Sadar. On 31-5-1......M Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respond..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

....ip;..Appellant Vs. Kazal Miah and others………………… Respondents Judgment January 13th, 1997. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Md. Nowab Ali, Advocate-on-R......n the case when the matter was taken up for hearing. 8. This practice of granting relief summarily without issuing any Rule is held to be illegal and unfair by this Division in the case of Abdul Wahab vs. Ali Ahmed reported in 44 DLR (AD) 55. In that view of the matter, the exercise of ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J Shamsul Arafin Khan …………………..Appellant Vs. Kazal Miah and others………………… Respondents..

Category: Others | Date: | Hits: 87

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

....“Ka” list of Abandoned Buildings vide notification in the Bangladesh Gazette Extraordinary dated 23rd September, 1986. His case is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of Eas....... 1 leased the disputed building to one. Md. Sayed as a monthly tenant on 15-4-74 While in possession Md. Sayed was dispossessed by 1 the Government and the disputed building was leased out to one Abdul Hakim Sarder, an employee of an Insurance Company. Respondent No. 1 submitted various represe...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ………………&hell..

Category: Property Law | Date: | Hits: 89

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......udgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General wit...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......ip;…………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other………&hellip..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....ip;…………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed b...... Afzal CJ Mustafa Kamal J Md Abdur Rouf J BB Roy Choudhury J. State………………………Appellant vs. Abdul Khaleque alias Abdul Khaleq Howlader…………………&......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..

Category: Criminal Law | Date: | Hits: 77

Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....se is also reported in: 49 DLR (AD) (1997) 130 .................... Petitioner   Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referred to-  Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (A......nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner   Vs. United Commercial Bank Ltd. and others............... Respondents Judgment ..

Category: Procedural Law | Date: | Hits: 98

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......(Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate instructed by Md Aftab Hossain, Advocate-on-Record —for the Appellant Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h..

Category: Administrative Law | Date: | Hits: 140

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

....smissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......ment May 13, 1996. Result: The Petition is dismissed. Cases Referred to- Prodip Das and others vs. Kajal Das Sarma and ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Jalaluddin alias Faruque and ors…………. Defendants- Petitioners Vs. Ehsanuddin and others.... Plaintiffs-Respondent Judgment May 13, 1996. Result: Th..

Category: Property Law | Date: | Hits: 63

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... is also reported in: 49 DLR (AD) (1997) 102 ......the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench of the High Court Division in Writ Petition No. 478 of 1995 upholding the order of detention of the detenu Abdul Wahab, younger brother of the husband of the writ petitioner. 2. It was alleged in th......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, M..

Category: Criminal Law | Date: | Hits: 99

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

....ion are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......b…………….Respondent Judgment December 3rd, 1996 Cases referred to- Akhbar Shah vs. Yusuf Shah, 16 DLR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119; Abdul Hamid vs. Dr. Sadeque Au Ahmed 21 DLR 507; Sufia Khanam Chowdhury vs. Faizun Nessa Chowdhury, ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd,..

Category: Tenancy Law | Date: | Hits: 88

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....se is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ...... heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 27......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......a Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ali Ahmed and others ………………Appellants (In both the Appeals) Vs. Nazimuddin Patwary being dead, his heirs Azimuddin Patwary and others ……&hel..

Category: Property Law | Date: | Hits: 60

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

....ase is also reported in: 49 DLR (AD) (1997) 85 ......vs. Deep Chand, AIR 1954 SC 75; Kafiluddin vs. Samiruddin, AIR 1931 Cal. 67;RC Chandiok vs. Chuni Lal Sabharwal, AIR 1971 SC 1238 and Dwarka Prasad Singh vs. Harikant Prasad Singh, AIR 1973 SC 655; Abdul Khaleque Sowdagar and another vs. Mohammad FazIuI Huq and another 26 DLR 247. Lawyers ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

.... 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......afique-ul-Huq, Senior Advocate, Shaheed Alam, Advocate with him instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No.  54 of ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant Vs. Jahan Ara Akhtar & others …………………Res..

Category: Business or Commercial Law | Date: | Hits: 117

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....(AD) 1996, 436, 49 DLR (AD) (1997) 71 ......f section 95 got registered kabalas attended with unregistered agreement so that the transaction would not be considered as complete usufructuary mortgage. This court in the case of Bangladesh vs. Abdul Gani, 32 DLR (AD) 233 pointed out with reference to the background of the legislation that th......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......atifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents ..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....ellip;…….. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment      November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Rec......hers............ Respondents Judgment      November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No.  1. Civil Appeal No. 3 of 1994 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment      ..

Category: Property Law | Date: | Hits: 77

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

.... also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil Miah (Md) ………………………&helli......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli..

Category: Property Law | Date: | Hits: 72

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

....sp; Latifur Rahman J                             Md. Abdur Rouf J BB Roy Choudhury J Resima Sultana…………&he......med Mojumder.......Defendant Respondent Judgment October 31st, 1996   Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No.  97 of 199...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......p;         Md. Abdur Rouf J BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996 ..

Category: Family Law | Date: | Hits: 144

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....) 1996, 94, 49 DLR (AD) (1997) 48 ......putedly came to an end and became a past and closed transaction before 3-8-1972 when President’s Order No. 88 of 1972 became operative. It has been decided in the case of Bangladesh vs. Haji Abdul Gent, 32 DLR (AD) 233 that transactions which are past and closed before 3-8-1972 are not ame......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant  Vs. Assistant Commissioner (Land) and Others……………&helli..

Category: Property Law | Date: | Hits: 88

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....nbsp;                                Md. Abdur Rouf J. Mofizul Huq ………………...Appellant...... local Sammilani Girls’ High School which is a ‘local authority’ within the meaning of section 7 (2)(e) of the Local Government Ordinance, 1983, reliance was placed on the case of Abdul Mazid vs. Abu Zaffar Mohammad Khalil & ors., 14 BLD (HCD) (1994) 488, which was a decisio......cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......sp;              Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

.... reported in: 49 DLR (AD) (1997) 36 ......ip;..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record......s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and others………………..Respondents , ..

Category: Criminal Law | Date: | Hits: 68