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

....nbsp;                Amirul Kabir Chowdhury J.- Feeling aggrieved by the judgment and order dated 10-1-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1250 of 1996 discharging the R......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)

....;      Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High Court Division, dismissing the appeal and consequent there­upon affirmed the ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....;          Syed JR. Mudassir Husain CJ.-This Criminal Petition for leave to appeal is from the judgment and order dated 01.09.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 4014 of 2004 dis­charging t......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ..

Category: Property Law | Date: | Hits: 31

Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

....bsp; Amirul Kabir Chowdhury J. -Convict petitioner Mohammad Salim Ahmed @ Md. Salim Miah seeks leave to appeal in this petition against the judgment and order dated 24.05.2003 passed by a Division Bench of the High Court Division dismissing Criminal Appeal No.1748 of 2000 thereby affirming the J......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....ch the appel­lants moved the High Court Division which after hearing made the Rule absolute in part with the modification of the direction passed in Writ Petition No. 3370 of 1992 by a Division Bench. Hence this appeal. 13. Mr. B Hossain, the learned Advocate on Record, appearing for t......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....y;es out of a petition seeking review of the judgment dated August 17, 2002 in Civil Appeal No.151 of 2000. The aforesaid appeal was filed against the judgment dated November 4,1999 of a Division Bench of the High Court Division in First Appeal (Probate) No. 246 of 1996 allowing the same on com......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....;                Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment dated December 8, 1997 of a Single Bench of the High Court Division in Civil Revision No. 2419 of 1990 making the Rule absolute upon r......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....s­missed for default. 3. The appellant being aggrieved moved the High Court Division in Civil Revision No. 664 of 1994 against the aforesaid order of the learned District Judge. A Single Bench of the High Court Division after hearing the appellant discharged the rule by the impugned Ju......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....bsp;             M. M. Ruhul Amin J.- These appeals by leave are directed against the judgment and order dated 12.04.2004 passed by a Division Bench of the high Court Division in Writ Petition Nos.4919, 4920, 4921, 4922, 4923, 4924, 4925, 492......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....Kabir  Chowdhury J.- In Criminal Petition for Leave to Appeal No. 189 of 2003 informant Mainul Islam seeks leave to appeal against the Judgment and order dated 26.11.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 527 of 2000 dis­missing the appeal ther......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

....bsp;    Amirul Kabir Chowdhury J.- Dula @ Md. Dulal Talukder and another filed this petition for leave to appeal against the judgment and order dated 18.01.2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 625 of 1999 discharging the rule thereby ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 27

Shahabuddin Vs. State, 2006, 35 CLC (AD)

....e preferred an application under Section 561A of the Code of Criminal Procedure praying to quash the proceeding, which was registered as Criminal Miscellaneous Case No. 12022 of 2003 and a Division Bench of High Court Division after hearing the petitioner rejected the peti­tion summarily as ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)

....sp;       Md. Tafazzal Islam J.- This criminal petition for leave to appeal by accused peti­tioner is against the Judgment and order date 07.05.03 passed by the Single Bench of the High Court Division in Criminal Revision No. 1156 of 2000 discharging the Rule and dir......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

....sp;     Md. Tafazzal Islam J.- This criminal petition for leave to appeal filed by the accused petitioners is against the Judgment and order dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127-of 1998 allow­ing the appeal in part ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

.... 2001 has been filed respectively by convict appellant Farukur Rahman @ Farook, Sazzad Shaheen @ Prince, Miraj Hossain against the judgment and order dated 9th December of 1998 passed by a Division Bench of the High Court Division in Death Reference No.22 of 1994 heard analogous­ly with Crimi......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....              Syed J. R. Mudassir Husain J.- This is an appeal by leave from the judgment and order dated 14-11-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dis­missing the appeal, red......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....sp;          Amirul Kabir Chowdhury J. - This appeal has been preferred by the State against the Judgment and order dated 18.7.1995 passed by a Division Bench of the High Court Division in Criminal Appeal no. 3225 of 1991 allowing the appeal and thus a......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

....;              M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 17.05.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2992 of 1996 disposing of the Rule with the ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....bsp;              M. M. Ruhul Amin J. This appeal by leave is directed against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. ......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....nbsp;               Md. Ruhul Amin J. - This is defen­dants appeal by leave against the judgment dated July 25, 2000 of a single Bench of the High Court Division in Civil Revision No. 9824 of 1991 making the Rule absolute and th......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43