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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....ccordingly, is dismissed.  There is no order as to costs.  Ed. ......hellip;…(8)  Lawyers Involved:  Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Khan, Advocate‑on‑ Record‑For the Appellant. Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......nbsp; Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment A..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....;                        Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.26..........................................Opposite Party Judgment       April 4, 2004. Result: The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599.          Lawyer...... This Case is also Reported in: 57 DLR (2005) 244.                         ......gh Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgment &nb..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....d of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... 297 = 1981 BLD 119; Salimuddin Ahmed vs. State 32 DLR (AD) 103; Ghulam Muhammad vs. State 19 DLR (SC) 439; MS Khawaja vs. State 17 DLR (SC) 153; Azhar Ali Khan and others vs. State 1985 BLD (AD) 75; Abdul Wadud Sikder vs. State 30 DLR 237; Maklesur Rahman vs. State 35 DLR 72 and Md. Mosharaf Hossai......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......lowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....ject.  The petition is, accordingly, dismissed.  Ed. ......, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26.  Lawyers Involved:  Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him), instructed by Sifia Khatun, Ad......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ...... (Criminal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 741.   ......;…(42) Cases Referred to- Kumudini Hospital Vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655; Chairman, DIT Vs. Chairman, Second Labour Court, 34 DLR (AD) 37; State Vs. Abdul Awal, 35 DLR 151; The Corporation of the City of Nagpur Vs. Its employees, AIR 1960 (SC) 675; ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

.... of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......ip;..(11-13) Cases Referred to- City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others, 3 BCR (AD) 221; Nurul Islam and others Vs. Jamila Khatun and others, 53 DLR (AD) 45; Mohammad Abdul Mannan Vs. Swaraj Roy and others, 8 MLR 302 = 54 DLR 352. Lawyers Involved: Mahbubey......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......05) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......stered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a family partnership firm of which his father Abdul Majid and his two brothers were partners, for a period of 99 years; the partners of the above ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. Th..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....e. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ...... February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- Abdul Bahar alias Abul Bashar and others Vs. State, 1995 BLD 84; Nazir and others Vs. State; PLD 196......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ch, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ...... No. 174 belonged to Bholai Shah Fakir and Sital Shah Fakir in equal share and the CS record was accordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osiran Nesa, Noorjahan and Amena Khatun inherited the suit land. For non pa......ah while had been in possession of 1.77 acres of land in various plots died issueless leaving behind his widow Parinessa who inherited his share. Sital Shah Fakir died leaving behind his heirs. Abdul Jabbar who inherited his share. Pari Nessa and Jabbar Ali Fakir settled 0.50 acres of land out of Pl......d. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. Md. Khalilur Rahman‑ For the Condemned Prisoner. Death Reference No.11 of 2001 with Jail Appe......at, AIR 1964 SC 1563; Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1; Fayasena Vs. Reginam, (1970) 1 All ER 219. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-......days prior to the occurrence, he was kept in the same condition that he torched his wearing clothes at the junction of the Bazar when the people apprehended him and handed him over to his uncle Abdul Jabbar, that thereafter, he was tied and kept in the east bhiti house, that accused untied himself a......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan...... Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 302; Fokaruddin Mia and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Ab...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......ted in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....d appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......LC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and others, 40 DLR (AD) 246; Abdul Matin and others Vs. State, 42 DLR 286; Asiman Begum Vs. State, Criminal Appeal No. 793 of 199......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......o Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....e said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abdul Bashir alias Bashu .............Petitioner Vs. State..................... Respondent Judgment January 18, 2004. Result: The pe..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....e leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......rded, specially in view of the fact that their evidence has not at all been shaken in the cross‑examination………………………….(26)  Cases Referred to:  Md. Abdul Majid Sarker vs State, 40 DLR (AD) 83; Fateh Khan and others vs State 15 DLR (SC) 51; State of......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

.... appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......ing to interfere. ………………………(11) Cases Referred to- Mustafa Aziz vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Inv......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & ors.............. Respondents Judgment De..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....reinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ernment of Bangladesh and others 34 DLR 247; Omar Faruk (Md) and others vs Government of Bangladesh and others 51 DLR 118; Hussain Baksh vs Settlement Commissioner 21 DLR (SC) 456; Chairman, BCSIR vs Abdul Khaleque 43 DLR 209. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neog...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....dingly the appeal is dismissed.  There is no order as to costs. Ed. ......Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2003. Th......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......esent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....te, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......rt or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Empe......failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs......: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

.... Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... High Court Division (Civil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....;  Ed. ......f conviction 23‑8‑1986 passed by Additional District Magistrate in CR Case No. 1080 of 1986 passed by Additional District Magistrate in CR Case No. 1080 of 1982 conviction the petitioners Abdul Jalil, Abdus Salam and Abdur Rahman under section 467 of the Penal Code and sentencing them to......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......(Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85