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....affidavit-in-opposition on the facts stated therein. In the said affidavit the respondent-bank has contended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for the petitioner submits that after ......risdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Result:
The Rule is ....... Nasrin Ferdous, Advocate -For the Respondent.
Writ Petition No. 2362 of 2005.
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execut..
Category: Civil Law | Date: | Hits: 107
....k for selling the remaining portion and therefore, the provision of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority.
6. On the other hand, Mr. Mohammad Ali, the learned A......ee.
Ed.
This Case is also Reported in:
......For the respondent.
Writ Petition No.4374 of 2003.
Judgment
Md. Ruhul Quddus J. - This Rule Nisi, at the instance of two judgment debtors in a mortgage decree, was issued calling in question order dated 26.5.2003 passed by the Artha Rin Adalat, Comilla in Artha Decree Execution Case No.44 o..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ainst the land, but for that reason it cannot be held that the petitioner is not in possession thereof. Both the Courts below failed to consider this aspect of the case and thereby committed error of law resulting in an error in decision occasioning failure of justice. Learned Advocate cannot, howev......d in: ...... Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 3.10.2007 passed by the Additional District Judge, Habiganj in Miscellaneous Appeal No.3..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....ence, the revisional Court should not interfere with such concurrent findings. 14. Under the above, I do not find that the lower appellate Court in dismissing the appeal has committed any error of law resulting in an error in decision occasioning failure of justice. The Rule, therefore, merits no......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......was barred by limitation; whether the sale agreement dated 8.9.1976 was a genuine document and if so whether it was legally enforceable; and what other relief, the plaintiff was entitled to. 6. In order to prove his case, the plaintiff himself deposed as P.W.1 and formally proved the registered s..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub...... General-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......eral-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting ..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....rch of a cow, when the appellant voluntarily joined them and started assisting them in searching a suitable cow. At one stage, the said Budhai disclosed that he would go to the house of his father-in-law at village Madhabpur as his wife and children were there. The appellant also wanted to go with h......orney General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellan......y General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant un..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....oning as to why he disbelieved the petitioner’s claim of possession over the case land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always better than the oral evidence. 10. In view of the above, ......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th...... Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of judgment and order dated 8.4.1993 passed by the Additional Sessions Judge, Habiganj in Criminal Revision No.67 (1..Category: Property Law | Date: | Hits: 53
....ds stated therein.
9. Learned Joint District Judge heard the application and allowed the same by his order dated 17.6.2004 and thereby rejected the plaint on the ground that the suit was barred by law. Against the said judgment, the plaintiffs preferred the instant First Appeal and obtained an ad......d J.- I agree.
Ed.
This Case is also Reported in:
......ed was not executed by him (Ramjan Ali).
6. Challenging the said decision, Mukhlesuddin Ahmed filed Writ Petition No.1238 of 2002. The High Court Division rejected it summarily by its judgment and order dated 17.3.2002. Then he moved in the Appellate Division with Civil Petition No.807 of 2002, w..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....evision No. 921 of 1974) Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Court Division was well founded in law in refusing to stay the further proceedings of a suit under section 34 of the Arbitration Act, 1......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di......, Supreme Court, instructed by Syed Sakhawat Ali, Advocate on the Record - for the respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 46 of 1982. (From the Judgment and order dated 3 November, 1981 passed by the High Court Division in Civil Revision No. 921 of 1974) ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
.... fixed rent with occupancy right was created in favour of the patta holders, including the defendant; and such tenancy is protected from annulment. The learned Subordinate Judge on misconception of law and facts erroneously reversed the judgment of the trial Court; and learned Judge of the High Co...... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law......me Court (Habibul Islam Bhuiyan, Advocate, Supreme Court with him) instructed by Md. Ozair Farooq, Advocate on Record – For Respondent No.1. Civil Appeal No. 40 of 1981 (From the Judgment and order dated June 3, 1980 passed by the High Court Division in Second Appeal No. 1245 of 1962) Jud..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....00. Md. Faisal Alam Ansari, who faced the trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. ...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......ding) and Rana Ahmed (absconding) were convicted by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka under sections 302/34 of the Penal Code and sentenced to death by judgment and order of conviction and sentence dated 29.7.2003 in Metropolitan Sessions Case No.1973/2000. Md. Fai..Category: Criminal Law | Date: | Hits: 94
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......Civil)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Samerendra Samajpati and others…………………………………………………………Petitioners
Vs.
Go......ucted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed by the High Court Division in Writ Petition No.4379 of 2007)
..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
..... 5. The learned Assistant Sessions Judge while convicting the appellant observed that Mohammad Altaf Hossain Mollah (P.W.8) recorded the confessional statement of the appellant in accordance with law, that he did not find any infirmity in the confessional statements on perusal of exhibit-2 serie......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ......nt A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judg..Category: Criminal Law | Date: | Hits: 100
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......th 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 Crimi..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Court Division. We have heard the learned Deputy Attorney General and learned counsel appearing for the respondent. The learned Deputy Attorney General contended that the High Court Division erred in law in acquitting the accused-respondent on a superficial consideration of the evidence on record 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.) ......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.) Orde..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......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: ......ara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: The order of status quo granted earlier be extended till disposal of the appeal. Lawyers Involved: ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....ction 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not contemplate the creation of a trust with all the technicalities of the law of trusts. It contemplates the creation of a relationship whereby the owner of the property make...... 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......als) Nurul Islam Sujan, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on-Record-For the Respondents (In both the appeals) Criminal Appeal Nos. 25-26 of 2004. (From the judgment and order dated 17.4.2002 passed by the High Court Division in Criminal Appeal Nos.2524 and 2529 of 1998..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Airlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a r......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......ed the 18th day of March, 2010 passed by the High Court Division in Writ Petition No.4480 of 2009). Judgment Md. Abdul Wahhab Miah J. - This appeal, by leave, has arisen out of the judgment and order dated the 18th day of March, 2010 passed by a Division Bench of the High Court Division in Wri..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....evenue Officer was correct. He allowed the appeal and set aside the order of the Revenue Officer dated 3-4-1953. He also observed that the revenue authority might take appropriate action according to law in the light of the observations contained in his judgment. The learned Special Judge regretted ......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...................02 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998). Judgment Syed Mahmud Hossain J.- These appeals, by Leave, by the plaintiff arise out of the judgment and order dated 23-7-2002 passed by a Single Bench of the High Court Division in Civil Revision Nos.3863..Category: Property Law | Date: | Hits: 67
....t in previous PS Case No.12(5) 2000 no trial was held and that the accused were neither convicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important to note that the High Court Division was misled by t......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......sed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007).
Judgment
Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 16-05-2O10 passed by a Division Bench of the High Court Division in Criminal Miscellaneo..
Category: Criminal Law | Date: | Hits: 85
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