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Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....ons being on bail submitted an application for recall of P.ws.1-3, which was opposed by the prosecution. The learned Judge of Druto Bichar Tribunal, Rajshahi by order dated 04-05-2005 rejected the prayer for such recall with a finding that the defence crosses examined the P.ws at length. It was......on-Record-For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passe......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ncluding the respondent in the said case and the investigating officer prayed for release of those persons from the said case on 20-07-1998 and the learned Magistrate was pleased to accept the said prayer on that date. Thereafter, the Director General, Department of Narcotics Control wrote letter......p; Syed J. R. Mudassir Husain CJ : This is an appeal by the State arisen out of the leave granting order dated 12-07-2000 passed by this Division in criminal petition for leave to Appeal No.37 of 2000 which was preferred against the judgment and order dated 14-11-19...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....r as to costs. The respondent No.1 may however approach the authority concerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....ing pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned Advocate for the appellants has drawn our a......561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurr......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....it No. 555 of 1985 in the First Court of Subordinate Judge, Dhaka which was, on transfer, re-numbered as Title Suit No. 269 of 1987 in the 3rd Court of Subordinate Judge, Dhaka. There were three main prayers of the plaintiffs in the said suit which are as follows: (a) that a decree declaring that...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....th which they came over the Waqf property and staying there till today are not "person interested in a waqf although temporarily some of them may be "person interested in a waqf while they are saying prayer or performing any religious rite in a mosque etc. The position of the appellants in the light......t Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....he defendants. 12. The defendants during trial put forward a new plea that after the institution of the suit, the plaintiffs took forcible possession of the suit land in 1976 when the defendants' prayer for temporary injunction was vacated. It is undisputed that the defendants did not inform thi......devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....diqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The application seeking amendment of the plaint was filed on Ju......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... before us. It appears that on 24.11.1996 plaintiff respondents filed an application under Order 1 rule 10 of the Code of Civil Procedure praying to implead the appellant as defendant No.4 and the prayer was allowed accordingly impleading the appellant as defendant No.4 amending the plaint. On 2......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
.... Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is ......ade by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal N......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....that the respondent had been removed from service on the basis of these frivolous and machinated charges and that the order passed against him under MLO 9 should be reviewed and rescinded and his prayer for reinstatement allowed. 3. Following this decision in the CMLA's Secretariat, the crimi...... January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an applic...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....before the High Court Division praying for adding him as opposite party No.2 in the above Miscellaneous Case No. 3128 of 2001 and the High Court Division, by order dated 1.7.2001, allowed the said prayer observating that the complainant petitioner will assist the State at the time of hearing of ......t August 29, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-Respondents Criminal Petition for Leave to Appeal No. 8 of 2004. Judgment: ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....ase, in brief, is that the informant P.W.1 Md. Gous Uddin lodged F.I.R. stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the village. The condemned prisoner Md. Islamuddin @ Din I......te. Jail Petition No. 20 of 2004 Judgment: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Divisio......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....roperty and that also did not make objection when the other exchange case was regularized. As against the aforesaid order of the Additional Commissioner (Revenue) rejecting the plaintiffs prayer for regularization of his exchange as regard the land of the 'Ka' schedule property he filed......was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....nquiry officer and he was asked to cross-examine Mr. Jabbar and others in presence of all other officers. He was not allowed to adduce evidence in support of his case. The petitioner made prayer to the respondent for changing inquiry officer but his prayer was rejected. He made a second......ellip;…..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Record -For the Respondents. C...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....w standing in the name of the petitioner(Respondent herein), the parties may take recourse to the Civil Court if so advised and on the basis of decision of ownership of the said 12,000 shares the prayer for allotment of shares in favour of the petitioner (Respondent herein) on the subsequent all......th the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....laged as exchange between the pre-emptee opposite party No.1 (in the Miscellaneous Case) and the opposite party Nos. 2 and 3 (in the Miscellaneous case). 3. The prayer for pre-emption was opposed asserting that the transfer is in fact exchange and that the con......nts Judgment August 31, 2006 Lawyers Involved: Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passe...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....estored by the High Court Division and that the High Court Division was in serious error in not noticing the fact that the plaintiffs are out of possession of the land in suit and as such without the prayer for consequential relief the suit seeking simple declaration of title was not maintainabl......তিয়ানে পরিমিত হইয়াছে।” 3. It was the case of the plaintiffs that defendant Nos.1-6 and defendant Nos.8-11 of Title Suit No. 206 of 1976 died long before the institution of the said suit, that plaintiff No. 1 and the defendant Nos. 4-6 of the instan......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... is fraudulent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi ......sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
.... order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the land sought to be pre-empted. 2. Pre-emption......tructed by Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-record-For Respondent No.1 Respondent Nos.2-15-Not represented Civil Petition for Leave to Appeal Nos.139-141 of 2005 (From the Judgment and Order dated November 3, 2004 passe......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
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