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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....nbsp;              Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated December 9, 1996 of a Division Bench of the High Court Division in Civil Revision No. 3244 of 1995 making, the Rule absolute upon ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....6 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous Appeal No. 133 of 1991 allowing the same upo......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....ourt Division in Civil Revision No. 934 of 2001) Judgment Md. Ruhul Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and ther...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....rd Vs. The Builders Corporation (2004)1 LG (HC) 38 and one unreported case of Chief Engineer, Roads and Highways Department Vs. Messrs Concord Engineers and Construction Limited decided by a Division Bench of this Division on 4‑4‑1996. 47. In both cases, no security was deposited. In the fo......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....sp;               Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3005 of 1998 declaring the Memo No. 2862/Sol......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....nbsp;               Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding &qu...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....;           Amirul Kabir Chowdhury J.- The two petitioners seek leave to appeal against the order dated 11‑2‑2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3939 of 2003 discharging the Rule.  ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....1996 and Criminal Miscellaneous Case No. 1032 of 1996). Judgment Md. Ruhul Amin J.- These appeals, by leave, have been filed against the common judgment dated December 11, 1997 of a Division Bench of the High Court Division in Criminal Revision Nos. 5‑8 of 1996 and Criminal Miscellaneous ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

.... This Criminal petition for leave to appeal at the instance of accused Monajjel Hossain Khan alias Mintoo calls in question the legality of the judgment and order dated 3-12-2003 passed by a Division Bench of the High Court Division in Criminal Revision Case No. 1257 of 2003 refusing interference wi......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....ted 9‑12‑2003 passed by this Court dismissing the Criminal Petition for Leave to Appeal No. 97 of 2003 arising out of judgment and order dated 28‑1‑2003 passed by a Division Bench, accepting Death Reference No. 13 of 2000 affirming the death sentence of the petitioner dis......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....passed by the High Court Division in First Appeal No. 191 of 1992). Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....           Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment and order dated October 29, 2003 of a Division Bench of the High Court Division passed in Writ Petition No. 5958 of 2003 summarily rejecting the s......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

..... 1783 of 1997). Judgment Syed JR Mudassir Hussain CJ.- This criminal petition for leave to appeal has been directed against the judgment and order dated 5th November, 2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1783 of 1997 discharging the Rul...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

.... 29. Mr. Sultan, to repel the argument of Mr. Shamsuddin Babul, cited and relied on the case of Capt BS Demograry Vs. VIF Airways Ltd., 1999 Company Cases 291, wherein it has been held by a single Bench of Andhra Pradesh High Court that a "debt" is a sum which is to be recovered from a ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....p;          MM Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and the......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)

....;          Md. Ruhul Amin J.- Delay of 2 days is condoned. Plaintiff seeks leave to appeal against the judgment and order dated March 24, 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 of 1995 discharging the Rule obtained ag......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

.... death was not caused on account of dowry but that the death was caused by the accused in a different manner, and award him sentence accordingly. We fully agree with the views expressed by the Single Bench of the High Court Division in the case of Asiman Begum Vs. State, Criminal Appeal No. 793 of 1......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....e judgment dated August 18, 2003 passed in Civil Appeal No. 50 of 2000. The appeal was filed by the defendant-respondent No. 6 against the judgment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was t......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....l No. 2084 of 1998). Judgment Md. Ruhul Amin J.- Delay of 4 days is condoned. This petition for leave to appeal has been filed against the judgment and order dated May 7, 2002 of a Division Bench of the Court Division passed in Death Reference No. 14 of 1998 (heard along with Criminal Appe......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....t Petition No. 2807 of 2002) Judgment Md. Ruhul Amin J.- This petition for leave to appeal by the writ petitioner is directed against the judgment and order dated March 1, 2003 of a Division Bench of the High Court Division in Writ Petition No. 2807 of 2002 discharging the Rule obtained aga......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120