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Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....ellants in both the Appeals. Ex Parte - Respondents in both Appeals. Civil Appeal Nos. 74 and 75 of 1989. (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1987). Judgment: Latifur Rahman J.- These two a......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..

Category: Tenancy Law | Date: | Hits: 81

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....terest pendente lite (i.e. for the period during the pendency of the arbitration proceeding). But in a later case‑Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SQ 723‑a larger Bench of five Judges of the Supreme Court overruled the decision in Jena's case and held that the A......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

.... Civil Order No. 3032 of 1993). Judgment ATM Afzal J.- Defendant-petitioner is seeking for leave to appeal from order dated 31 October, 1993, Civil Order No. 3032 of 1993 passed by a Division Bench of the High Court Division in revision summarily rejecting his petition and refusing to interf......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

....9. In view of the observation and made by the Appellate Division in the case of Md. Shahjahan Vs. Sessions Judge, (reported in 38 DLR (AD) 2461253) to the effect that: "The Barisal Bench came to the conclusion in a cryptic manner", on the point involved in the said case, ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..

Category: Criminal Law | Date: | Hits: 76

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....l desist in future from the temptation of treading on a beaten path.             Latifur Rahman J : it is indeed unfortunate that a Division Bench of the High Court Division presided over by a very senior judge took a contrary view as to th......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

.... 4. The petitioner‑Sangstha preferred FMA No. 474 of 1980 and the respondents preferred FMA No. 490 of 1979 against the judgment and decree of the trial Court dated 21.9.79. A Division Bench of the High Court Division by a common judgment and decree dated 22.9.82 dismissed FMA No. 4......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..

Category: Banking Law | Date: | Hits: 125

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....dir, 22 DLR (SC) 65. In that case right of legal practice was given by the President's Order No. 21 of 1962 to retired Judges of the High Court, who had been Advocates prior to their elevation to the Bench. The respondent, Advocate Manzoor Qadir, on retirement from the High Court resumed practice in......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....led because necessary statement may be made in the memo of appeal for the purpose as was done in the present case. He relied upon Chowdhury Saifuddin Ahmed Vs. Shamsuddin 46 DLR 10 wherein a Division Bench held that it is not absolutely essential that a formal application must be filed as a matter o......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

..... 8. Then the girl herself moved the High Court Division under section 561A CrPC against the aforesaid order of the Sessions Judge, registered as Criminal Revision No. 1663 of 1992, and a Division Bench upon hearing the matter finally, by the impugned judgment and order dated 2.12.92, set aside t......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....nbsp;              KM Hasan J.- The petitioners seek leave to appeal against the judgment and order dated 5-11-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 68

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....bsp;   Syed JR Mudassir Husain J.- This civil petition for leave to appeal is directed against the judgment and order dated 6-6-2000 passed in Civil Revision No. 1502 of 1994 by a single Bench of the High Court Division discharging the Rule and affirming the judgment and decree dated ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 43

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....agistrate Dhaka respectively, have also contested the Rule by filing affidavit-in-opposition in Writ Petition No. 2746 of 1997 taking the stand as taken by Mr. Anwar Hossain. 9. A Division Bench heard the writ petitions and gave split Judgements. Md. Joynul Abedin J, discharged the Rules...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... Judgment:             Md. Ruhul Amin J.- The appeal by leave has been filed against the judgment dated July 23, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtain...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

.... Judgment:             Md. Ruhul Amin J.- This is pre-emptors appeal by leave against the judgment dated May 26, 1997 of a Single Bench of the High Court Division in Civil Revision No. 343 of 1995 discharging the Rule obtained ag....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

..... Judgment:            Md. Ruhul Amin J.- This is defendants' appeal by leave against the judgment dated July 31, 2000 of a Single Bench of the High Court Division in Civil Revision No. 356 of 1990 making the Rule absolute upon se......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 51

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....tion Nos. 3420 and 3936 of 2001). Judgment: MM Ruhul Amin J.- These two petitions for leave to appeal are directed against the judgment and order dated 17-8-2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001 making the Rules absolu......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)

....High Court Division in Civil Revision Nos. 198 and 199 of 1998). Judgment: KM Hasan J.- The petitioner seeks leave to appeal against the judgment and order dated 20-7-2002 passed by a Single Bench of the High Court Division in Civil Revision Nos. 198 and 199 of 1998 (heard analogously) disc......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...

Category: Tenancy Law | Date: | Hits: 72

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....Revision No. 559 of 1997). Judgment:      MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 19-11-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 559 of 1997 making the Rule absolute. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....hman and Sergeant Md. Russel Arafat are the appellants in Criminal Appeal No. 16 of 2004. Criminal Appeal No. 12 of 2004 is against the judgment and order dated 21 January 2004 passed by a Division Bench of the High Court Division of the Supreme Court of Bangladesh in Criminal Miscellaneous suo ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 64

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....e Leave Petitioner praying to fix the Civil Petitions along with application for stay for hearing by the Full Court on a date suiting the Court's convenience. The said application was allowed by a Bench of the Appellate Division. 7. The relevant portions of the application filed in CP No.......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..

Category: Election Law | Date: | Hits: 108