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Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....l itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......vision (Civil) Present Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, ..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....ind merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...... 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……….Respondents Judgment March 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....usain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (31)..............Respondents (in Civil Appeal No. 56 of 2005).......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... vs Md.Abdul Halim Bhuiyan & others (31)..............Respondents (in Civil Appeal No. 56 of 2005). Judgment April 27, 2006. Lawyers Involved: Dr. A. K. M. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant (in all the cases......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

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

....al Petition No. 189 of 2003) The State & others...............Respondent (In Criminal Petition No. 190 of 2003) Judgment October 14, 2005 Lawyers Involved: Md.  Nawab all, Advocate on Record-For the Petitioner(In both the Cases) Abdul Basel Ma......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......l Petition for Leave to Appeal No. 190 of 2003 are that after holding investiga­tion by the police while submitting report under Section 173 of the Code of Criminal Procedure accused respondent Ali Asgar Bepari was excluded from the said police report and as such a narazi petition was filed ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

.... ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..........Petitioner Vs The State...........................Respondents Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instruc......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 27

Shahabuddin Vs. State, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent C...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)

.... criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......t Appellate Division (Criminal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Abdul Mannan alias A. Mannan..................................Petitioner Vs Mosammat Nurbanu &..

Category: Criminal Law | Date: | Hits: 38

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... 6. Considering the above submissions, the leave is granted. Preparation of paper book is dispensed with as prayed for. Let the accused-petitioner.1 Samar Uddin 2. Asrat alias Asarat Ali, both sons of Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on b......ition. 6. Considering the above submissions, the leave is granted. Preparation of paper book is dispensed with as prayed for. Let the accused-petitioner.1 Samar Uddin 2. Asrat alias Asarat Ali, both sons of Modaris Ullah of village Goyghar, PS. and District Moulavibazar be e..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....ip;………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Att......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....al is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......llip;…………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, Deputy Attorney General, instructed by......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

....ion is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ip;………………………………..Respondent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Pet...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....ioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......o suffer rigorous imprisonment for 3 (three) months more. The sentences to run concurrently. 2. The facts revealed in the leave peti­tion, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from the......reme Court Appellate Division (Criminal) Present Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and oth­ers......................Petitioner Vs The State...............

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....zaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat Hossain, Senior Advocate, i......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents Criminal Appeal No. 23 of 2000 (From the ......ent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

.... For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....i Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on -Record-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent N......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on -Record-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent Nos. 2-11. ......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

.... merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......tary, Ministry of Housing and Public Works and another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and oth­ers Vs. Md. Abdur Rob Alias Mvi. Md. Abdur Rob, 49 DLR AD) 96. Lawyers Involved: M.A. Azim Khair, Deputy A......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

.... no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......zul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner, Pirojpur and oth­ers....................Appellants Vs. Md. Wazed Ali and others…………………………&hell......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....e find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......land so taken settlement by groring crops and that also paid rent, that Jitu Mondal died leaving 2 sons, 2 daughters, and by amicable parti­tion amongst the said persons Jitu Mondal's son Gudar Ali relinquished his right in respect of the land of plot No. 837, that Jitu Mondal's one son and ......e view trial Court has rightly left out of consideration the evidence of D.W.2 We also find evidence of D.W.2 contradictory. The Defendants tried to prove their case of settlement by Taresh Mondal alias Taresh Haider son of Kuran Mondal alias Kuran Haider through the evidence of D.W.3 who is nep..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....the court) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, (Shafique Ahmed, Senior Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4.......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ...... instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, (Shafique Ahmed, Senior Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4. Civ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

....sion requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......llip;……….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq, Advocate-On-Record- For the Appellan......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34