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Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petitioner as well as Haran Chandra Das was adverse. 8. It is a settled principle of law that review is not a matter of rehearing the appeal and appeal is a matter of righ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Court requiring interference. The Petition having not been filed according to rule 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....obad Ali and also alleged that the appellant was denied the equal treatment violating Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of limitation and principle of estoppel. 6. The Administrative Tribunal  upon hearing the parties allow......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......iah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment            June 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Rec..

Category: Administrative Law | Date: | Hits: 103

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......p;………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) ins..

Category: Criminal Law | Date: | Hits: 34

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....espondent is not maintainable because it relates to condition of his service being a Government servant and thereafter, he argued that the learned Judges of the High Court Division misconstrued the principle as laid down in the decisions as referred to in the impugned judgment and thereby the lea......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......nted by the Secre­tary, Ministry of Establishment............... Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, A..

Category: Employment/Service Law | Date: | Hits: 69

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....fendant, namely, the recipient of the deed, to prove that she executed and registered the same   having independent advice and was fully aware about the contents of the deed following the principle of special onus of proof............not a single natural independent witness deposed that......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ......75; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes and another vs Hinkson AIR 1946 PC 156 and Paresh Chandra Bhowmick vs Hiralal Nath and others 36 DLR (AD) 156. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Mahb..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....e case of Sunil Krishna Banik and others vs Kailash Chandra Saha and others reported in 36 DLR (AD) 220 (same case has also been reported in 1984 BLD (AD) 320). We are in full agreement with the principle of law: enunciated in the reported case, but the fact is that in the instant case the doc...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ........Petitioner vs State and another... .........Respondents Judgment             March 21st, 2006  Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him)..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....her adding paragraph 23 in the Fourth Schedule of the Constitution of the People's Republic of Bangladesh purpor­ting to reserve 45 seats in the Parliament exclusively for women to be elected on the principles set forth by the Parliament whereas Civil Petition for Leave to Appeal No 708 of 2005 ari......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......hamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (Sigma Huda, Advocate with him), instructed by Syed Ma..

Category: Constitutional Law | Date: | Hits: 221

Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)

....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... State…………………………….Respondent Judgment April 4th, 2006.         Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on..

Category: Criminal Law | Date: | Hits: 36

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......n to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence……………………………(13) Lawyers Involved:  Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Att..

Category: Criminal Law | Date: | Hits: 184

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. .............Appellant vs Shajirannessa Bewa and others........Respondents Judgment            November 23, 2005. Lawyers Involved:    Kh MS Hasan, Advocate (appeared with the leave of the C..

Category: Property Law | Date: | Hits: 26

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ...... Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Aftab Hossian, Advocate-on-..

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

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....ir-ul-Islam has referred to the Proclamation of Independence dated 10 April 1971 made when the War of Inde­pendence began. This document and the Constitution including its Preamble show the principles and ideals for which our national martyrs sacrificed their lives and our brave people d......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, ..

Category: Election Law | Date: | Hits: 159

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

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur R..

Category: Criminal Law | Date: | Hits: 42

AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)

....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......abir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June 22nd, 2005. Lawyers Involved: Prabir Haider, Advocate (appeared with the leave of the Court), instructed..

Category: Criminal Law | Date: | Hits: 46

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......mp; Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....ic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the war for national independence, shall be the fundamental principles of the Constitution]; Further pledging that it shall be a fundamental aim of the Sta...... people and the country.” 255. Bar Council is a statutory elected body. Mr. Ahmed drew our attention to a resolution of the National Bar Association of Bangladesh which is af­filiated to the International forum- “Bicher bebostha sadharon manosher dore pousaea dewer name sasonto...... Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ramna,Dhaka & Others ……… Respondents (In Civil A..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......d the accused be acquitted ………(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 159

Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)

....he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......uit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record ..

Category: Procedural Law | Date: | Hits: 110

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......ble than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 57