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....late Division
(Civil)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
Nurun Nahar Khan………………………………….Petitioner
Vs.
Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Responde...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 11th March, 2008 passed by the High Court Division in Civil Revision No.3634 of 2000 dis...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....gly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......man, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneo......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....ns are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......-83 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave petitions under Article 103 of the Constitution are for granting leave to prefer appeal against the common judgment and order dated 26.08.2009 passed in disposing of the Writ Petition Nos.7705 and 7706 of 2006 making the......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....side. 2. The facts of the case, in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Court of Subordinate Judge, Narayangonj impleading the petitioner as defendant for realization of a sum of Tk.1,56,569.38 on the averments that t......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... defendant-petitioner guilty of misconduct and for causing loss to the plaintiff amounting to Tk. 1,56,569.38; that the defendant-petitioner filed Title Suit No. 147 of 1983 challenging the dismissal order dated 19.7.83 before the Court of Subordinate Judge, Narayangonj and the said suit was dismiss......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Mohammad Ismail, Advocates‑For the Petitioners. No one‑For the Opposite Party. ......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... Ismail, Advocates‑For the Petitioners. No one‑For the Opposite Party. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs o......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......‑ For the Respondents.
Writ Petition No.1215 of 1988.
Judgment
AM Mahmudur Rahman J.‑ By this Rule issued under Article 102 of our Constitution the petitioner asks us to declare that the order dated 15.6.1988 as contained in Memo. No. 6/ML & C/MEO/40‑3/Sha‑3/70, Annexure‑A, is......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......n Sessions Case No.48 of 1987. The condemned prisoners have also filed an appeal bearing Criminal Appeal No.209 of 1988 renumbered as Criminal Appeal No.760 of 1991 against the aforesaid judgment and order of conviction and sentence passed by the learned Sessions Judge. Both the reference and the ap......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131....... and who would be made liable to pay the decretal amount as in the plaint, in the written objection filed against the order of attachment before judgment. It was for vacating the order after the ad‑interim order has been passed. From a reading of the said written statement dated 15.5.90 it is seen......y No.1. Civil Revsion No.2322 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated 2.9.90 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 32 of 19......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....rovision as provided in section 3 of the Admiralty Courts Act, 2000. 4. The learned Advocate Mr. Imtiaz Mahmood appearing on behalf of the defendant while takes this Court through the assertion made in the plaint further draws the attention of this Court to paragraph No.1 of the plaint and argu......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......arance and contesting the suit. It further appears from the material on records that upon an application filed by the plaintiff the cargo was destroyed during the pendency of the suit pursuant to the order passed by this Court. 12. It appears that the plaintiff brought the suit under the provisio......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....n the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......dence. I find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (201......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
....-1993 against them under sections 3, 4 of the Explosive Substances Act, 1908 (briefly as Act) in Special Tribunal Case No. 8 of 1993 pending in the Special Tribunal No. 2 Gazipur. 2. Short facts leading to this Rule are that on 4-7-1992 at 10-45 hours SI Md. Belial Hossain as informant lodged a f...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated 10-7-1993 against them under sections 3, 4 of the Explosive Substances...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
.... and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......ords, including written objection and other documents took cognizance of the case and issued summons against the petitioners on 28-12-2010. 6. Being aggrieved by and dissatisfied with the impugned order the petitioners moved this Court under Article 102 of the Constitution and obtained the presen......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....of 2010, in a nut-shell, is that the petitioner filed Complaint Case No. 20/2002 in the 1st Labour Court (respondent No.2) under section 25 of the Employment of Labour (Standing Order) Act, 1965 impleading the respondent Nos.3 to 6 alleging, inter alia, that the petitioner was the permanent worker u...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......10, 7626/2010 and 7627/2010 are taken up for hearing and disposal by this single judgment. 2. Rule Nisi was issued calling upon the respondents to show cause as to why it impugned the judgment and order dated 22-7-2010 passed by the respondent No.1, Chairman, Labour Appellate Tribunal, Dhaka, i...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......e party, 0.71 1/3 acre in favour of the defendant petitioners, 1 acre in favour of the heirs of defendant No. 20 and the rest among other defendants. In the result, the Rule discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ..Category: Property Law | Date: | Hits: 72
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawyers I...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......etitioner having failed to enjoy the privilege given by the Government in spite of being qualified in all respects has filed this writ petition and obtained the Rule and stay. 9. On perusal of the order sheet of this Court, it appears the rule has been served upon the respondents but no affidavit...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....2001.) Judgment Nazmun Ara Sultana J. - This appeal has arisen out of a judgment and order dated 5-2-2002 passed by the High Court Division in Contempt Petition No.03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentenci......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... Abdul Basel Majumder, Senior Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte— the Respondents. Criminal Appeal No.41 of 2003. (From the judgment and order dated 5-2-2002 passed by the High Court Division in Contempt Petition No.3 of 2001.) Judgme......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....is house with illegal arms. The informant and other accompanying force then went to the house of terrorist Nasir and arrested him from there and interrogated him and Nasir then confessed that he had some illegal arms and ammunitions in his possession which he kept concealed in a heap of garbag......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......dvocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) Judg......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..Category: Criminal Law | Date: | Hits: 64
....Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.”
2. By the Rule issuing order ......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....Ali and others………………………………………………..Appellants Vs. The State……………………………………………………………………Respondent Md. Asad @Kamal @ Ashraf @ Raja Ashraf………………Appellant Vs. The State…………………...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......ns. In the instant case although charge sheet was submitted against nine persons but 4 (four) accused persons of them have filed two separate Criminal Revision before this Court and obtained rule and order of stay and eventually the present convicts were put on trial before the learned Judge, Druta ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......vocate ‑ For the Appellants. AQ Rashid Ahmed, Advocate ‑ For the State. Criminal Appeal No. 1624 of 1992. Judgment Mahfuzur Rahman J.- This appeal is directed against the judgment and order passed by Additional Sessions Judge, 2nd Court and Anti Smuggling Court, Comilla on 11.10.92......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
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