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Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ...... cost.  Ed. ......y action until 20.03.1995 when he issued a letter fixing salami amount at Tk. 27,37,632/- without mention­ing the basis of such fixation. The writ-peti­tioner then filed an application to the State Minister for land for payment of the said salami money by 10 installments after adjusting the ..

Category: Property Law | Date: | Hits: 127

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......  Ed. ......his case".  3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for pre­emption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritance stat­ing inter alia th..

Category: Property Law | Date: | Hits: 56

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......me Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: ...... Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: Dr. M. Za..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ......nbsp;                         Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent..

Category: Criminal Law | Date: | Hits: 92

Panna Biswas Vs. State, 2006, 35 CLC (AD)

....rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......sp; Present: Mainur Reza Chowdhury J K. M. Hasan J Syed J. R. Mudassir Husain J  Judgment 19th May 2002 Panna Biswas…………………Petitioner Vs. The State..........................Respondent  Lawyers Involved:  Md. Nowab Ali, Ad......ent: Mainur Reza Chowdhury J K. M. Hasan J Syed J. R. Mudassir Husain J  Judgment 19th May 2002 Panna Biswas…………………Petitioner Vs. The State..........................Respondent  Lawyers Involved:  Md. Nowab Ali, Advocate-on..

Category: Criminal Law | Date: | Hits: 89

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......ion  (Criminal)  Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Enamul Haque... .............Petitioner Vs. The State..........Respondent  Judgment July 20, 2002. Lawy...... (Criminal)  Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Enamul Haque... .............Petitioner Vs. The State..........Respondent  Judgment July 20, 2002. Lawyers Involved:&n..

Category: Criminal Law | Date: | Hits: 81

Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......ppellate Division  (Criminal)  Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Srwardi Shaikh and others……….....Petitioners. Vs. The State……………..Respondent  Judgment 22nd July 2002&......Division  (Criminal)  Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Srwardi Shaikh and others……….....Petitioners. Vs. The State……………..Respondent  Judgment 22nd July 2002  La..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......san J                          Ali Akbor Khan.................Petitioner Vs. The State.........................Respondent  Judgment      ......p;                         Ali Akbor Khan.................Petitioner Vs. The State.........................Respondent  Judgment       &n..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... of them to suffer rigorous imprisonment for 3 years and directed that both the sentences would run concurrently.  2. Case of the prosecution, shortly, is that on 25-07-1993 at 11-30 a.m. Bhanu Begum lodged and ejahar with the Rajbari Police Station to the effect that on 3rd Sravan  (18-7...... Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Sh......in J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Shahidul Hu..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......vision  (Criminal)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J  Mashuq Mia @ Iqbal ...................Appellant. Vs. The State…...Respondent.  Judgment August 14, 2004.  ...... (Criminal)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J  Mashuq Mia @ Iqbal ...................Appellant. Vs. The State…...Respondent.  Judgment August 14, 2004.  ..

Category: Criminal Law | Date: | Hits: 95

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......late Division  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J  National Board of Revenue and oth­ers...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: ......he respondent filed another application on 27.7.1996 to the said Minister for permission to import 400 tons of duplex board from South Korea and the said application was forwarded by the Ministry for State, Labour and Manpower for special consideration on 7.8.1996 with endorsement to enquire into th..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......urt Appellate Division (Civil)  Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyer......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......Supreme Court Appellate Division (Civil)  Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent.  Judgment 8th August 2005   Lawye......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......uhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J.  Shafiqur Rahman and others…………………………......... Petitioners. Vs. Mahbub Ali and others....... Respondents.  Judgment 2nd January, 2006  Lawyers Inv...... the khatians that Abdur Rahim possessed land of RS Plot No.408 exclusively while Nur Ali possessed land of RS Plot No.407 exclusively by amicable partition. Thereafter, BS record of rights under the State Acquisition and Tenancy Act was prepared accordingly in respect of RS Plot No. 408 in the name..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ...... Division (Civil) Present: Mohammad Fazlul Karim J Tafazzul Islam J Md. Joynul Abedin J Sena Kalyan Sangstha and another..............Petitioners Vs. Sufi Fazal Ahmed and others ..................Respondents Judgment July ......s an order passed under any Act if it was not passed in exercise of power granted by the Act and was, therefore, without jurisdiction. The decided decision apart from the case of Secre­tary of State vs. Mask reported in AIR 1945 (PC) 709 notable, amongst others, are Abdur Rauf vs. Abdul Hami..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents   Judgment March 12, 200......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......eme Court Appellate Division (Criminal)  Present: Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  Kamal Uddin.........................Petitioner. Vs. The   State   represented   by   the   Deputy......Division (Criminal)  Present: Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  Kamal Uddin.........................Petitioner. Vs. The   State   represented   by   the   Deputy Commissioner, Comill..

Category: Criminal Law | Date: | Hits: 103

State Vs. Mofizuddin and others, 2006, 35 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same.  Accordingly, the petition is dis­missed.  Ed. ......inal)  Present: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J.  The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005  Criminal Petit......bsp; Ed. ..

Category: Criminal Law | Date: | Hits: 83

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ...... (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent.  Judgment Augus...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ..

Category: Employment/Service Law | Date: | Hits: 211