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....icting the meaning of the said expression by confining it to the holder of agricultural land only.
9. In order to appreciate the respective contentions of the parties, let us first look into the relevant terms and conditions under the Indenture of lease creating the appellant's title, a copy wh......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....of Taka twenty thousand for each in default to suffer rigorous imprisonment for six months more, while sentencing appellant Nos.2, 4 and 5 to suffer rigorous imprisonment for seven years. 2. Facts relevant for disposal of the appeal, in brief, are that one Ataur Rahman (P.W.1) made an oral ejahar...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......s Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....de and sentencing them thereunder to suffer rigorous imprisonment for six years with a fine of Taka two thousand for each in default to suffer rigorous imprisonment for three months more. 2. Facts relevant for disposal of the appeal, in brief, are that one Md. Abdul Hakim as informant lodged an e......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... of the accused Al-Amin is directed from an order of the High Court Division in discharging the rule and canceling the interim bail granted to him at the time of issuance of the rule. 2. Facts relevant for the disposal of this petition are that on the night following 27th November, 2006 the d...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......he Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the High Court Division in Criminal Miscellaneous Case No.21309 o...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....17 of 2005 and 1182 of 2010 discharging the Rules. 2. All the Civil Petitions for Leave to Appeal were heard analogously and are disposed of by a single judgment by this Division. 3. The facts relevant for disposal of the petitions for Leave to Appeal are as follows: 4. In total 113 (one...... be dismissed. 9. We have considered the submissions of the learned Counsel on behalf of the contesting parties and perused the impugned judgment of the High Court Division and other connected papers on record as well as the relevant Law namely Jagannath University Ain, 2005. 10. The moot ...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....low on the head of victim Ansar Mallik with a Ramdao and other accused persons also beat him causing his death. Above ocular evidence of competent witnesses is fully supported and corroborated by the relevant documentary evidence like inquest report (Exhibit 8) and post mortem report (Exhibit 4). On......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......CD) (2010) 54. ......s in negative. No one appears on behalf of the defendant- respondents to contest this appeal. 11. Heard the learned Counsel for the plaintiff-appellants at length and perused and considered the documents and exhibits as well as the oral evidence adduced by the contending parties. 12. Consid..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....h her husband, but she did not inform the matter to the Bank that she did not take loan by opening any account. Rather, she had fully endorsed and acknowledged the loan which stood in her name at the relevant time. In fact, she enjoyed the loan with her husband, but denied it cunningly on this or th......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......) 49.......abo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by ..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......e is also Reported in: 15 BLC (HCD) (2010) 34. ......ditions by its letter dated 25-2-1995 to the petitioners for rescheduling its loan liabilities on condition of reopening and running the jute mill at their own cost and expenses and to execute charge documents for rescheduling the loan and depositing shares of the petitioner company to the bank exec..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... the post-dated cheques issued by the accused petitioners were dishonored. 19. In respect of dishonor of such postdated cheques, the case of Shaikh Obaidul Huq Vs. State, reported in 38 DLR 105 is relevant. In that case, a Division Bench of this court observed as follows: "These admitted circu...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the......hid, the learned Assistant Attorney General appearing for the opposite party No. 2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 3. Opposite party No. 1 FDC filed the above noted complaint case stating that ..Category: Criminal Law | Date: | Hits: 95
.... deliberated by each and every member of the Tribunal before making and signing the Award.
18. Although a good number of cases have been cited by Mr. Hossain, I shall only refer to those which are relevant for the purpose of disposal of the instant case. On the other hand, Mr. Mohammad Ali has li......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
...... Corporation, represented by its Country Manager...........Respondent
Judgment
January 5, 2009.
Result:
The Award is hereby set aside.
Cases Referred to-
Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....he convicts in causing death of the deceased and commission of the offence of murder. 34. PW 1 Abdur Rahim is the informant and father of the deceased. He did not witness the occurrence. At the relevant time he was in the office of the Shop-Keepers Co-operative Society of Jurain Bazar of whic...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis......earing on behalf of the State, having taken us through the judgment and order under reference, the first information report, the charge, the depositions of the prosecution witnesses, the exhibited documents and other materials on record, makes his submission supporting the reference and opposin..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....ffence punishable under section 290 of the Penal Code and it being admitted and being not a regular case their admission were not recorded. 9. P.W.1, S.I. of police of that police station at the relevant time, stated in Court that the villagers took them to the police station on the allegation ......judgment. 5. Mr. Shahid Ahmed and Mr. Abidur Reza Khan, the learned Advocates appearing on behalf of the petitioners in support of the Rule, having taken me through the impugned judgment and the papers on record submitted that the learned Court of Sessions below erred in law in dismissing the...... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......g that the date of birth of the petitioner is 31.10.1949 and as such no interference is called for.
10. We have considered the impugned judgment, the submissions of the learned Advocates and other papers on record. Admittedly, the petitioner joined Khulna Complex of BFIDC on 1.5.1969 as Assistant......bdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants
Vs.
Md. Hatem Ali and others…………………......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
..
Category: Employment/Service Law | Date: | Hits: 739
....he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......earliest opportunity, writ respondent Nos.1 to 4 prefer this Civil Petition for Leave to Appeal.
7. We have perused the petition and the order of the High Court Division dated 28.04.2011 and other papers on record.
8. Mr. Murad Reza, learned Additional Attorney General appearing on behalf of ......Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Government of Bangladesh and others.................Petitioners
Vs.
Dhaka Match Industries Co. Ltd. and others...............he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 131
....along with their original appointment letters to the Ministry of Establishment. Pursuant to the writ petitioners’ representations from time to time, the Government was satisfied on perusal of their relevant documents that they were Ex-Mujibnagar Employees and nominated them for their absorption to......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......el Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………………......h their original appointment letters to the Ministry of Establishment. Pursuant to the writ petitioners’ representations from time to time, the Government was satisfied on perusal of their relevant documents that they were Ex-Mujibnagar Employees and nominated them for their absorption to their re..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
.... writ petitioner is directed against the judgment and order dated 17th January, 2011 of a Division Bench of the High Court Division in Writ Petition No.6477 of 2010 disposing of the rule. 2. Facts relevant for the disposal of this petition are that the respondent No.2, Premier Bank Ltd., Elephant......ntiff despite the fact that it did not pray either in the Artha Rin Adalat or in the High Court Division for amendment of the plaint. 5. We have heard the learned counsel and perused the connected papers including the impugned judgment. There is no dispute that the petitioner availed of loan faci......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition i......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....s Sub-Assistant Engineers with reputation for quite a long time they have the legitimate expectation that they would be absorbed in the newly created posts. The High Court Division considered all the relevant aspects relating to absorption of LGED personnel while rendering judgment in Writ Petition ......tled by it in Writ Petition No.1522 of 2004 heard along with 99 other writ petitions and as such, no interference is called for.
12. We have considered the impugned judgments and orders and other papers on the record. The High Court Division has come to a finding that the petitioners have been s......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....endered the trial vitiated and held without any lawful authority and without jurisdiction. In support of his contention he referred the case of Neser Ahmed Vs. Bangladesh, reported in 49 DLR (AD) 111 relevant paragraph 12 wherein it has been held: “Mr. MA Wahab Miah had taken us through the ord......al Tribunal held the trial in clear violation of the mandatory provision of section 27(6) of the Special Powers Act which provides that the trial Court must publish in 2 Bengali widely circulated newspapers directing the petitioner to appear in his Court before commencing the trial. He submits that ......eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: Th......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....’s earlier order of termination of my service dated 31-8-82 in compliance with Court’s order without any further delay.” 17. In this case opposite party No.2 is Mr. AKM Golam Faruque. At the relevant time, after the termination of the service of the petitioner, this contemner No.2 was actin......emner No.1 started corresponding with the Ministry on different date and on different pleas. He even neglected to place the matter before the Board of Directors for consideration. It appears from the papers that the petitioner himself filed an application to the Chairman of the Board of Directors fo......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th......f this contempt. He stated that under instruction of his Boss, namely, Contemner No.1, he had to carry out his order. In the contempt petition as well as in the reply and in other material papers and documents the petitioner also could not make out a case against Contemner No.2 in the matter of disa..Category: Others | Date: | Hits: 142
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