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Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

.... Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......in the case by the courts of fact High Court Division was in serious error in reversing concurrent finding by the courts below…….(15) Lawyers involved: Mahmudul Islam, Senior Advocate, Abdul Quayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Ap......the discussions made herein above 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: 57 DLR (AD) (2005) 55. ......is Case is also Reported in: 57 DLR (AD) (2005) 55. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... is also Reported in: 57 DLR (2005) 635.   ......ility cannot be raised at a subsequent stage……….........(8) Cases Referred to-  Nawab Ali Dhakua and others Vs. Abdur Rahman, 1994 BLD (AD) 229; Sova Rani Guha Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Abul Kashem Howlader Vs. Sultan Ahmed, 9 BLC 333; Chand B...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ......y J Arshed Ali Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others…………………&he..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

.... order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......er as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......p; ..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....orted in: 57 DLR (2005) 239. ...... Saydur Rahman, 36 DLR (AD) 48; Jobeda Khatun Vs. Momtaz Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 770.   ...............................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Abdul Khaleque and others Vs. Md. Hanif ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ...... (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....orted in: 57 DLR (2005) 546.   ...... State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (SC) 235; 15 DLR 549; 19 DL......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ...... High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgment Ja..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

....e. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......he lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......57 DLR (HCD) (2005) 315. ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

....e Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......titled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11)  Cases referred to: Abu Bakkar vs. Nazir Ahmed 34 DLR (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Supreme Court  Appellate Division (Civil) Present: Md. Fazlul Karim J MA Aziz J Mahadeb Chandra Mondal and other.........Appellants Vs. Dulal Chandra Mondal and other..............Respondents Judgment January ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

.... No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ....... Emperor, AIR 1933 Calcutta 218; Zainul Abedin Vs. Emperor, AIR 1937 Peshawar 30; Kishirode Chandra Pal Vs. District Magistrate, Howrah and another, AIR 1956 Calcutta 96. Lawyers Involved: Abdul Baser Majumder with M Sayed Ahmed, Advocates‑ For the Petitioner. Md. Abdullah, Assista......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ...... High Court Division (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment Decemb..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....iate criminal prosecution if the person is also liable to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 ...... to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 255; GM Towab, Air Vice-Marshal (Retd.) Vs. S...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......urt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties Judgme..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)

....l law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......arty. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury ......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......orted in: 13 MLR (HCD) (2008) 48. ..

Category: Property Law | Date: 7 Dec, 2004 | Hits: 88

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

....e is also Reported in: 57 DLR (2005) 237.           ......they purchased the lands from the same vendors and have been living in the same plots i.e. CS and SA Nos.76, 77. The petitioners have collected a photo copy of allotment orders given in favour of one Abdul Quadir whose name is in serial No.50 of the list of 92 persons. It has been stated that the pe...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Haq J Hasina Begum and others....................................Petitioner Vs. Chairman, RAJUK and others..............................Respondents Judgment Dece..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....re will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ......November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162. Lawyers Involved: M......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ......sp; ..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....h the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......ers Involved: Md. Mahbubur Rahman with Abu Taher, Advocates­- For the Petitioner Zaman Akhter Bulbul, Assistant Attorney-General­- For Respondent No.1. Hasan Faiz Siddique with Abdul Hye, Advocates­- For Respondent Nos.5 and 6. Writ Petition No. 4256 of 2004. Jud......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......t Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Salauddin Ahmed ..........................................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....on we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......h dao, fikol, kocha sola, lathi and other weapons. On hearing the hue and cry, Fatik Mia, brother of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the ha......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....ers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Mannan & Ziaul Hassan, Advocates- For the Petitioners. Helaluddin Mollah, Deputy Attorney-General with Md. Abdul Baset and Md. Giasuddin Mithu, and AM Shwakatul Huq, Assistant Attorney-General-For the Re......Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Mannan & Ziaul Hassan, Advocates- For the Petitioners. Helaluddin Mollah, Deputy Attorney-General with Md. Abdul Baset and Md. Giasuddin Mithu, and AM Shwakatul Huq, Assistant Attorney-General-For the Respon......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ...... ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

....wo) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ......months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Tariq ul Hakim J Northpole (BD) Ltd......................................Petitioner Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents ..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)

..... Ed. This Case is also Reported in: 57 DLR (2005) 260.       ...... in possession of the suit land and he hailed from Keraniganj, Dhaka. He used to possess the suit land through tenants. He died leaving behind defendant Nos.1 to 11 as his only legal representatives. Abdul Motaleb, father of the plaintiffs, took lease of suit shops at a monthly rental of Taka 125. H......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....bers of the Board of Governors of the Islamic Foundation which is the appellate authority, that this petitioner was the convener of an enquiry committee formed to enquire into the allegations against Md. Lutful Huq, Director and one of the members of said enquiry committee, that besides, the petitio......nbsp;                                 ......nbsp;                                 ......gh Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August ..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

..... Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ...... accounts statements of LIM A/c No.477/82 and SOD A/c No.01038098 are hand written. The statements bear only a small round seal of the bank. None is signed. Only witness examined by the bank as P.W.1 Abdul Khaleque was an officer of the bank who joined the bank in 1984. He said that he had no knowle......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......ision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ­Bank of Credit and Commerce International (Overseas) Ltd............Appellant Vs. Bangthai Electrical Industries Ltd. and others............................Respondents ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4