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Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......n both the cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with C...... to the local hospital where he was declared dead. 3. Prosecution in support of its case has examined 17 witnesses but the defence examined none. The Druta Bichar Tribunal on an assessment of the evidence on record found the petitioner along with six others guilty to the charge and another under..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ...... by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) ......ereupon made over to Moktar Hossain on 5th August, 1992. 3. Prosecution in support of its case has examined 11 witnesses but the respondent examined none. The Special Judge on consideration of the evidence on record found the accused-respondent guilty of the charge and sentenced him to rigorous i..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....aon Sub-Registry Office in respect of Suit land which is a product of collusive acts. Hence, he filed the suit. 3. The defendant contested the suit by filing written statement denying the material facts and allegations made in the plaint contending, inter alia, that Brindaban Goshwami sold 1.90 a......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ......uit is liable to be dismissed. 4. Nine witnesses were examined in support of the plaintiff’s case and eight D.Ws. were examined in support of the defendant’s case. 5. Upon considering the evidence and materials on record, the trial Court by its judgement and decree dated 28.05.2002 decla..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......riod and sold motor vehicle stamps for Tk. 2,16,035 and misappropriated Tk. 2,93,420.25. 2. In support of the prosecution case, it has examined 9 witnesses. The Special Judge on assessment of the evidence on record found the respondents guilty of the charges and sentenced them to 3(three) years ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....(I) Whether, the writ petitioner claiming to be a worker filed complaint BLL Case No.151 of 2007 before the Labour Court raising his grievance and during pendency of the said case, he suppressing the facts of complaint BLL Case, filed the Writ petition and whether the High Court Division is right in......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... learned Subordinate Judge, Patuakhali in Title Suit No.111 of 1987. 2. Civil Appeal Nos.185, 186 and 187 of 2004 have been heard together and are being disposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...................d Chamakhi Mongi were recorded in the SA Khatian No.142. Against the decision of making khas, Lamio Matbar preferred an appeal before the learned Special Judge, Bakergonj, who on consideration of the evidence on record set aside the order passed by the Revenue Officer. The Additional Collector, Bake..Category: Property Law | Date: | Hits: 67
.... Case No.19 (4)2007 corresponding to GR No.93 of 2007 under Sections 143/342/447/385/379/380427/506 of the Penal Code now pending in the Court of Magistrate, First Class, Sadar, Chittagong.
2. The facts, leading to the filing of this petition, in short, are:
On 24-04-2007, one Md. Elias Sharif......urendra Kumar Sinha J
MA WahhabMiah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Md. Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Faridul Islam alias Faridul Alam and others..........................Petitioners
Vs.
State, represented by the DC, Chittagong a...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....gh Court Division as in the paper book those have not been included. 11. From the impugned judgment and order, it appears that the learned Judges of the High Court Division on consideration of the facts stated in the writ petition, in the supplementary affidavit and the annexures annexed thereto ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....her Bench Readers cannot be treated as 3rd Class Non-Gazetted employees as per the Rules of the Appellate Division. 14. Let us now see whether the High Court Division was justified in noticing the facts and making the observations as jotted hereinbefore. In the writ petition, the petitioner categ...... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………â€......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....da J. - The instant Civil Petition for Leave to Appeal No.2356 of 2009, arises out of order passed by the Administrative Appellate Tribunal on 16.7.2009 in A.A.T. Appeal No. 225 of 2005. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal are that one Himangshu Ranja......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ......istry of Foreign Affairs, 14 witnesses were police officers, 6 witnesses were formal public witnesses. The defence examined none. 5. The learned Metropolitan Sessions Judge on consideration of the evidence on record found the accused-respondents and the condemned prisoner guilty under sections 30..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
....ent and order dated 22nd November, 2009 passed by a Division Bench of the High Court Division in Criminal Revision No.368 of 2009 discharging the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Statio......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result...... High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of the High..Category: Criminal Law | Date: | Hits: 66
....t, alleging evasion for the period between 1-1-1998 to 31-12-2004. The petiÂtioner gave reply to the show cause notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished par......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate TribuÂnal and others...............Respondents
Judgment
November 17, 2011.
......ween 1-1-1998 to 31-12-2004. The petiÂtioner gave reply to the show cause notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished particulars of relevant documents and cla..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ether the High Court Division is justified in interfering with the orders of the trial Court allowing the prayers for amendment of the pleadÂings in which the appellant wanted to introduce cerÂtain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) w......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
.... or suit comes to be passed by the Court. We find on the analogous provision of earlier enactment in both the decisions, it has been so interpreted in a language which is perfectly in accord with the facts of each case, but it is equivocal as a general construcÂtion of the section. The moot questio......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is disÂmissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar...... High Court in Civil Revision Case No.850 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as folÂlows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in ..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....e duty of assessing and collecting Octroi on goods and animals imported in the MuniciÂpal area, filed a writ petition challenging the validity of notification as already mentioned. 2. The salient facts in the writ petition are that under section 33 of the Municipal Administration Ordinance, 1960......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19......uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
....for the State, however, was present to represent the State, respondent in those appeals.
4. On disposal of the Criminal Appeals the learned Judges, in the judgment referred extensively to certain facts, such as adjournÂments of the hearing of the appeals on the prayers of the learned Advocates ......orted in: 31 DLR (AD) (1979) 163.......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163...
Category: Others | Date: | Hits: 145
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....y, on 31-7-1983 when ex parte decree was passed, the defendant had also chosen to be absent in the Court. This conduct of the defendant must not be over looked. 19. From all the materials, events, facts, circumstances and the conduct of the defendant it became evidently clear that all the efforts......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......t from appearing when the suit was called on for hearing. In developing argument, the learned Advocate contended that neither the petition under Order 9 rule 13 of the Code of Civil Procedure nor the evidence of the defendant did disclose any cause of action as contemplated under Order 9 rule 13 of ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....cree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Com...... Qazi Shafiuddin J Syed JR Mudassir Husain J Harunar Rashid (Md.) son of late Rafique Uddin, Jinnath Mahal.......................Petitioner Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule i......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
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