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Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

.... to their own disadvantage. In the instant case the plaintiff, who is not a well educated woman to understand fully the effect of her signatures on the papers and blank stamp as referred to above the principle of law as stated above can also be taken in aid to hold that the plaintiff had no intentio......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......rty make them dependent upon or subject them to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-o..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique,..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ...... Md. Tafazzul Islam J  Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents.  Judgment October 20, 2005. Lawyers Involved:  Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ...... Mostafa alias Mosto. ...........Petitioner. Vs. The State, represent­ed by the Deputy Commissioner, Pabna………….. Respondent.  Judgment 21st July 2002  Lawyers Involved:  Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......Amin J K. M. Hasan J Syed J. R. Mudassir Husain J  The State......Petitioner Vs. Nurul Islam……………….Respondent  Judgment 13 May 2002  Lawyers Involved:  Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ulla..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....ion is made strictly on the basis of merit but seniority playing its part only when all other qualifications are practically equal. The later category includes posts to which promotion is made on the principle of "seniority-cum-fitness".  15. What is exactly implied by the term......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......ate of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhury, Senior Advocate, instructed by A.K.M. Shahidul H..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......Ali Talukder and others .........Defendant- Respondents.  Judgment 29th November 1995  Cases Referred to- Pradip Das and others vs. Kazal Das Sharma and others, 44 D.L.R. (AD) 1  Lawyers Involved:  S .R. Pal, Senior Advocate, Supreme Court, (Shawkat Ali Khan, Senior Advoca..

Category: Procedural Law | Date: | Hits: 83

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....ation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise."  5. We have heard Mr. Khandaker Mahbubuddin......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......p; Agrabad Hotel Ltd. & another..............Appellants Vs. Revenue  Deputy Collector,  Cox's Bazar & others...........Respondents  Judgment 28th November 2004  Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ...... Amirul Kabir Chowdhury J  The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......s Vs. Maran Bepari, 21 DLR (SC) 448; 30 DLR (SC); Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Akrab Ali and others Vs. Zahiruddin Kari, 30 DLR (SC) 81. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Reco..

Category: Procedural Law | Date: | Hits: 112

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ...... M.A. Aziz J  Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & oth­ers...... .Respondents.  Judgment 23rd May 2005  Lawyers Involved:  Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- Fo..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ainur Reza Chowdhury J K. M. Hasan J Syed J. R. Mudassir Husain J  Abdul Matlib and others.......Appellants. Vs. Abdul Malik...............Respondent  Judgment 8th May 2002.  Lawyers Involved:  T.H. Khan, Senior Advocate, (Mr. Mahbubey Alam, Senior Advocate and J. N. D..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......in J M. M. Ruhul Amin J Md. Tafazzul Islam J  Abdus Quddus.............Appellant. Vs. Administration of Waqf & others.............Respondents.  Judgment 16th August 2004  Lawyers Involved:  Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwar..

Category: Property Law | Date: | Hits: 57

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....s already been dealt with in departmental proceeding and has been dismissed from his service and, there­fore, initiation of the Criminal proceedings against him cannot sustain being barred under the principle of double jeopardy. 5. He then submits that there being no sanction to prosecute the p......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......r Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-on-Reco..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ...... Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. Lawyers Involved:  Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Ad..

Category: Criminal Law | Date: | Hits: 92

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....; learnedMagistrate or the order passed by the tribu­nal with observation as referred to above can not be a ground for quashing the pro­ceeding."  7. It is an established principle of law that if the F. I. R itself discloses offence under any provision of law, the procee......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......dassir Husain J Abu Sayeed Ahammed J  Enamul Haque... .............Petitioner Vs. The State..........Respondent  Judgment July 20, 2002. Lawyers Involved:  Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner.  ..

Category: Criminal Law | Date: | Hits: 81

Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)

....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ta Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgment 19th June 2004 Lawyers Involved: Shamim Khaled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Rec..

Category: Anti-Corruption Laws | Date: | Hits: 83

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners.  Not Represent..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......this case a piece of stone can be termed as a weapon of offence under section 324 of the Penal Code………………….   (16)   Lawyers Involved:  Abdul Malek, Senior Advocate (Subrata Chowdhury, Advocate with him), ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ......d Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed..

Category: Labour and Industrial Law | Date: | Hits: 130