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State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......f for whose cross-examination the accused-respondent prayed for time. 6. We have heard the submissions and perused the impugned judgment of the High Court Division and other connected papers. It appears that the learned Judges of the High Court Division considered the medical examin......by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......e have heard Mr.Rafique-Ul-Huq, learned Counsel and Mr. Khondker Mahbubuddin Ahmed, learned Counsel appearing for the petitioner and perused the impugned judgment of the High Court Division and other papers on record. 7. The learned Counsels submit that the area of the suit plot is 5.68 acres and...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......re the High Court Division and the High Court Division discharged the Rule. 4. We have heard Mr. AKM Shahidul Huq, the learned Advocate-on-Record for the petitioner and perused the connected papers. 5. In our view the pertinent question for consideration in this matter is whether th......ngly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....self-same fact and disposed of by the same judgment by the High Court Division, and have been taken up together for hearing and accordingly, disposed of by this single judgment. 2. The facts relevant for disposal of these appeals are as under:- The said applications were filed in th......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......ustody of his two sons was settled; in the year 1998 his above divorced wife in collusion with her friends/colleagues of her office started blackmailing the petitioner creating false and fabricated papers and also circulating those to various quarters; some opportunist teachers and staffs of the......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represe......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......Mr. MA Azim, the learned Deputy Attorney-General for the appellants and Mr. Rafiqul Huq, the learned Counsel for the respondent and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that in respect of LA Case No.32 of 1967 and LA Case No. 61 of 195...... DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ncurrent decision of those courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all relevant Election Laws, in particular, section 26 of the UP Ordinance, which provides that an electi......ading to this question are as follows: An election was to be held on 10 February 1988 for the office of Chairman of Kolkonda Union Parishad of Gangachara Upazila, Dist-Rangpur and nomination papers were called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the R...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....b-Inspector and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resulted from multiple acid-burn i......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... made in the petition remaining unchallenged and undisputed as such may be accepted as true. Mr. Qazi Shafiuddin, the learned Assistant Attorney-General has, however, produced before this court the relevant file lying with the Ministry regarding this case and this court had the opportunity of peru......that Dr. Syed Mohibur Rob, son of Syed Mojibur Rob was admitted in Dhaka Medical College in October, 1947 as first year student and he passed the M B B S Examination in 1952. In view of these new papers the High Court Division again heard the learned Advocates for the parties. 7. The appell......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......d Mojibur Rob and that he was admitted in Dhaka Medical College in 1947 and he passed the MBBS Examination in 1952. 18. The appellant tried to improve his case stage by stage and filed several documents which were not contemporaneous to the death of the deceased or to the date of the filing..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......; Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ......Regarding non filing of any document under Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them i..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... Mahbubuddin Ahmed, the learned Counsel for respondent Nos.1-3 and Mr. Jillul Huq, the learned Counsel for respondent Nos. 4-7 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the Title Suit No.73 of 1976 brought by predecessors of ...... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
.... selection grade scale of Tk.625-45-1315 to the petitioner and they were also of the view that the audit objection raised in this respect should be waived and ignored. It may be mentioned that the relevant Mill authority without taking any instruction from BJMC was competent to take the deci......Razzaque, the learned Counsel for the appellant and Mr. Mahbubur Rahaman, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the High Court Division discharged the Rule mainly on the ground ...... Md. Sadequr Rahman …………………………………………Appellant vs Munawar Jute Mills Ltd. and others ......................Respondents Judgment November 10, 2005 Lawye......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....ons made by the learned Advocate and perused the materials on record. It appears from the evidence of P.W. Sheikh Saber Ali who was Senior Post Master attached to Dhaka General Post Office during the relevant period that in the ledger book in question containing the disputed account the figure '100'...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......k, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ds at the apex within the State, but on that account it does not stand invested with original jurisdiction in matters not expressly declared within its cognizance. What is particularly relevant for our present purpose has been stated in the following terms: Section 151 ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
.... or other fit person means that Chilled during the whole period of his detention notwithstanding that he may have trained the age of sixteen years during that period". 8. The relevant law was amended later on by adding sub-section 1 with section 6 and it was enacted that if......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....ttagong in Petition Case No. 221 of 2003 in releasing the trawler in favour of the complainant leave petitioner upon furnishing bond of TK. 1,50,00,000/- ( One crore fifty lacs). 2. The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisherie......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ....... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C......ls under them and this failure omission on the part of the appellants clearly indicates that the appellants tactfully avoided to sot out this matter. From the side of the appellants we find that no documents were produced to show that the vessels driven by the respondents 2 and 3 do not com..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......quo;s husband P.W. 1 Sheik Sakhawat Hossain was an employee in the Relief and Rehabilitation Section-of the office of the Deputy Commissioner and filed the suit after retirement by creating forged papers using the names of the plaintiffs. While in service he deposed in a suit on behalf of defend...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May 17, 2005. Lawyers Involved: ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... defendant No.1 has stated that Nalini took away unregistered deed of gift from her and did not return the same but she did not take any step for recovery of deed of gift from Nalini, that from the papers relating to the revenue proceeding it is seen that the unregistered deed of gift was not pr......t any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
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