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State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....hammad Fazlul Karim J Amirul Kabir Chowdhury J   The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In......ip;……….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal No. 5 of 1999) Md. A. Rouf @ Abdur Rouf Sarder (In C...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J   The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskande..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....8. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......09;1973 and in c6rifirmation thereof affirmed an affidavit before the Magistrate, First Class, Dhaka on 14‑7‑1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ...... MM Ruhul Amin J MA Aziz J  Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan Ara Begum and another ……………Respondents  ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

.... Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......s. 69-72 of 2002 here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ...... and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Resp..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......he father of the petitioners in Writ Petition No.48 of 1979. In the aforesaid Writ Petition another Bench of this Court comprising of their Lordships Mr. Justice Shahabuddin Ahmed and Mr. Justice Abdul Matin Khan Chowdhury came to a clear finding that there is no valid requisition of the proper...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......vision (Special Original Jurisdiction)   Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and othersâ€..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....t and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. Abdul Hye J M Moinul Khan………………………………………Appellant Vs. State…………………………………………………..Respondent. Judgment Ma..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....ase is also Reported in: 13 MLR (HCD) (2008) 186.  ......nvested under the Morbaha system furnished a letter of guarantee with the bank for payment and that was duly approved by the higher authority of the bank. 14. P.W.2 Md. Anisur Rahman and P.W.3 Abdul Mannan were posted as second officer and Senior Officer respectively with the bank after the ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....ly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... to be about 8 weeks of viable single pregnancy. He denied the defence suggestion, in his cross-examination, that the report was false or that the report of examination was not proper. 16. P.W.5 Abdul Goni stated in his deposition that he knew the victim informant and the jail appellant Sohel R......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Sohel Rana (Md.)..........................................Appellant Vs. State ………….................................................Resp..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....in: 57 DLR (HCD) (2005) 581. ......of the victim Salina Begum, visited the place of occurrence, held inquest on the dead body of the victim in presence of the witnesses and sent the same to Gopalganj morgue through P.W.5 constable Mir Abdul Mannan Molla and another constable Mozammel Huq (not examined) and on receipt of the post mort......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......l Revisional Jurisdiction) Present: Sikder Maqbul Huq J Nirmalendu Dhar J Rafiqul Islam Mollah (Md.)…………………Condemned Prisoner Vs.     State……………………&he..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

.... we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......rred by limitation and the same not being extendable in any situation appellant’s filing of the case after mutating their names was not competent. ..............(24) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Firoz Shah, Advocate-on-Record— for the Ap......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......late Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Mr. Ismail Hussain Posshari and another…………Appellant Vs. District Land Acquisition Officer, Bogra and others…......Respondent Judgment ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....€¦â€¦â€¦....Respondents (In both the cases) Judgment March 23, 2005 Result: The appeal is allowed. Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the appellant (In Criminal Appeal No. 18 of 1998). Mainu......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J The State………...Appellant (In Criminal Appeal No. 18 of 1998) Alhaj Abdul Wadud Khan…….....Petitioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ...... MA Aziz J Amirul Kabir Chowdhury J The State………...Appellant (In Criminal Appeal No. 18 of 1998) Alhaj Abdul Wadud Khan…….....Petitioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque and others…………....Respondents (In both the cases) Judgment March 2..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......nal Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....sed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......Division (Special Statutory Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Anil Chandra Paul.................................................Petitioner Vs. Commissioner of Taxes.........................................Respondent Judgment ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

.............Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162; Muslemuddin (Md.) and others Vs. Md. Jonab Ali and other......This Case is also Reported in: 57 DLR (2005) 574.      ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......bsp; ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....ip;…….(15, 19 and 26).  Cases Referred To- A.K.M. Mayeedul Islam Vs Bangladesh Election Commission and others, 48 DLR (AD) 208; Farid Mia Vs. Amjad Ali (Md.) alias Mazu Mia and others, 42 DLR (AD) 13; Mahbubur Rahman Vs. Divisional Election Tribunal an...... Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of B......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ip;………….(15, 19 and 26).  Cases Referred To- A.K.M. Mayeedul Islam Vs Bangladesh Election Commission and others, 48 DLR (AD) 208; Farid Mia Vs. Amjad Ali (Md.) alias Mazu Mia and others, 42 DLR (AD) 13; Mahbubur Rahman Vs. Divisional Elec..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....o Reported in: 57 DLR (2005) 779.   ......ent March 14, 2005. Result: The Rule is made absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan wi......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......ourt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Mohiruddin Mondal alias Md. Mohiruddin Mondal and others.........Petitioners Vs. State...................................................Respondent Judgment March..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

....sp; Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......llip;…………………..(18 & 20)  Cases Referred to: Ali Ahmed vs. Rezia Begum and others 1986 BLD 326, Fahim Ali Haque (Minor) vs. Md Abdul Aziz 43 DLR 226 and 3 BLC (AD) 78; South Asia Shipping Ltd vs. 'MV Tony Best' and others 46 D.......  21. 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. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J  Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... ..................Respondents  Judgment Ma..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....retary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka…………………………………………………………………………………..Petitioner Vs. Md. Safiqul Huq and others………………………………………………..Opposite Parties ......uddin and others, 27 DLR 413; M/s. Dulichand Omaraolal Vs. Bangladesh, through the secre­tary, Ministry of Industries and others, 33 DLR (AD) 30; Enemy prop­erty Management Board and others Vs. Abdul Rashid, 27 DLR (AD) 52. Lawyers Involved: Dr. Rafiqur Rahman, Advocate-For the Pet...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ...... Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka…………………………………………………………………………………..Petitioner Vs. Md. Safiqul Huq and others………………………………………………..Opposite..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

....‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......e aforesaid suit, that it appears that the notices were also sent through registered post and acknowledgement of the same was duly received back by the Court. 3. The performa‑respondent No.2 Md Abdul Hye contested the suit filling written statement stating, inter alia, that no summons or notic...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... in: 26 BLD (AD) 2006, 105. ..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... executed and registered a general power of attorney in favour of her son, Jacob Rozario and one Edward Purification on 14‑4‑1986. The attorneys of the original owner entered into a contract with Md. Saifur Rahman Khan on 14.1.1986 to sell 0.18 acre of land and delivered possession thereof to hi......others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BLC (AD) 51; Bangladesh, represented by the Secretary......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......ted. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

.... others Vs. State, 48 DLR 446; State Vs. Khalilur Rahman, 48 DLR 184; Abdus Samad Vs. State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan Chowdhury, Advocates-­ For the Appellants. SM Aminur Rahim Chandan, Assista...... Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15,..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3