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Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....ate-on-Record-For the Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

.... Others...............................Respondents Judgment April 2, 1989. Result: The appeal is al­lowed. The Constitution of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after bein...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..

Category: Election Law | Date: | Hits: 130

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....ppellants. B. Hossain, Advocate-on-Record. —For the Re­spondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the a...... restraining the opposite party from interfering with the possession of the decree-holder, falls outside the ju­risdiction of a Magistrate under section 145 Cr.P.C. In such a case if apprehension of breach of peace prevails, the Magistrate can take action under sections 107 and 151 Cr.P.C. and bind..

Category: Criminal Law | Date: | Hits: 105

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

....n a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,...... exercised its jurisdiction not conferred by law or has failed to exercise jurisdiction conferred upon it, or has acted illeg­ally in the exercise of jurisdiction which means that it has committed a breach of some provision of law, or with material irregularity in the exercise of its jurisdiction w..

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment K...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..

Category: Property Law | Date: | Hits: 34

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....y to report to the Medical Officer of the Company on 2.2.76. Respondent No.2, however, did not produce herself before the Medical Officer as directed by the Com­pany and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....and for sole respon­dent (In Civil Appeal No. 82 of 1977). Respondent - Not Represented (In Civil Appeal No.81 of 1977). Civil Appeal Nos. 81 and 82 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....Record - For the Appellant (In Criminal Appeal No.9 of 1977). Abul Kashem, Advocate - For the Respon­dents No.1 and 3-7. Criminal Appeal Nos. 8 and 9 of 1977 (From the Judgment and Order dated 25-6-1975 passed by the High Court Division in Death Reference No.1 of 1974 and Criminal Appea......s viz. Elemuddin Matbar, Sasan Matbar and Rafizuddin Matbar had lathis in their hands. Elemuddin passed the order to kill Rashid Khondker, Moti and Abu pushed him down from the path to the 'bhangan' (breach of the river). Fagu immediately went down and forcibly dealt a chendao blow on the neck of Ra..

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave a......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....rney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-Record - For the Respondents. Criminal Appeal No.6 of 1977 (From the Judgment and Order dated 7-4-76 passed by the High Court Division in Writ petition No.709 of 1974). Judgment Ke...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....ant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment Rahul......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

.... Not represented- Respondent            Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03.2003 passed by the High Court Division in Criminal Appeal No. 2344 of 199...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)

....;           Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) Judg......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..

Category: Property Law | Date: | Hits: 35

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

.... by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1597 of 2003 (From the judgement and order dated 29-8-2003 passed by the High Court Division in First Appeal No. 9 of 1993).    .......70 of 1990 in the 3rd Court of the Subordinate Judge (now joint District Judge), Dhaka against the defendants praying for a decree for recovery of Tk. 18,92,500/- as salary and other benefits for breach of contract and for a decree for recovery of compensation of Tk. 50,000/- for causing humili..

Category: Employment/Service Law | Date: | Hits: 82

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent.            Civil Appeal No.72 of 2000. (From the Judgment and Order dated December 13, 1995 passed by the High Court Division in Civil Revision No. 2130 of 1993) Jud...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....structed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 103

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....eputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 passed by the High Court Division in Cri -Miscellaneous Case No. 12532 of......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....l by leave against the judgment of June 12, 2002 of a Single Bench of the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

.... by Abu Siddique, Advocate-on-Record—For Respondent Nos. 1(a)- Kg) Not represented—Respondent Nos. 2-12. Civil Appeal No. 246 of 2001. (From the Judgment and Order dated June 24, 1996 passed by the High Court Division in Civil Revision No. 809 of 1991). J...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respon­dent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6008 of 2005......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43