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Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....ucted by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by the High Court Division in Criminal Miscellaneous Case No. 470 of 200......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ecord-For the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
...., instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081 of 2003)......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... 2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
....nstructed by Md. Nawab AH, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 52 of 2004 (From the Judgment and Order dated 19.11.2003 passed by the High Court Division in Criminal Appeal No. 3105 of 2003) Judg...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... Lawyers Involved: Kazi Shahadat Hossain. Senior Advocate, instructed by Md. Nawab AH, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 52 of 2004 (From the Judgment and Order dated 19.11.2003 passed by t..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
.... S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 3 Not represented-Respondent No.1 Civil Petition for leave to Appeal No. 170 of 2005. (From the Judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.7354 of 2003.) Judgem......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......r Respondent No.2 Ozair Farooq, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 3 Not represented-Respondent No.1 Civil Petition for leave to Appeal No. 170 of 2005. (From the Judgment and order dated 01.11.2004 passed b..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....sp; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dhaka), Civ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....-Record- For the appellant. M. I. Faruqui, Advocate, instructed by M.G. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No. 74 of 1993 (From the judgment and order dated 7-2-93 passed by the High Court Division in Civil Revision No. 705 of 1991). Judgment:......-emptory hearing on 9-7-85. The appellant also did not comply with the requirements of sections 18 and 19 of the Premises Rent Control Ordinance, 1963 while instituting the house rent case. A notice under section 106 of the Transfer of Property Act was sent by the plaintiff under registered......ide the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge and Senior Assistant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2. The suit was filed by the plain..Category: Property Law | Date: | Hits: 33
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition For Leave to Appeal No. 902 of 2004. (From the judgment and order dated 25th February, 2004 passed by the High Court Division in Civil Revision No. 415 of 2005) ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... Judgement: Md. Tafazzul Islam J.- The defendants filed this civil petition for leave to appeal challenging the judgment dated 25.2.2004 passed by a Single Bench of the High C..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Appeal No.101 of 2004 (From the Judgment and Order dated August 23,2001 passed by the High Court Division in Civil Revision No. 526 of 2000) Ju...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....tructed by Shamsul Hague Siddique, Advocate -on-Record- For Respondent No.1 Not represented-Respondent Nos. 2 & 3 Civil Appeal No. 26 of 1996 (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 699 of 1989......ated 9.2.1988 confirming its decision to reinstate the plaintiff in his former post which was accepted as additional evidence and marked Ext.19. The learned Subordinate Judge, however, took no notice of it and dismissed the suit. 7. The learned Judge of the High Court Div......89) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted judicially ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....tition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2003 passed by the High Court Division in Company Matter No.71 of 2001). ......y. But the respondents refused to do anything in favour of the petitioners. That the petitioners being aggrieved by the said activities of the respondent in the manner as stated above 'served a legal notice upon the respondents on 06.05.2001 through Mr. Shah Mohd. Ahsanur Rahman, Advocate stating al......vil Petition No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20t..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....ivil Appeal Nos. 62-64 of 2004 With Civil Review Petition No. 66 of 2005 Judgment MM Ruhul Amin J. - These three appeals by leave are directed against the common judgment and order dated 20.04.2003 passed by a Division Bench of the High Court Division in Writ Petition Nos. 6140 of......egunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on 16.10.2000 without giving them prior notice or chance of being heard. The further case is that the land of the writ petitioners was allot......dlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cutting for Railway. The land was subsequently de-requisitioned and resto..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... Attorney General (both the appeals), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No. 4 and 5 of 1997 (From the Judgment and Order dated 17 June, 1996 passed by the High Court Division, Dhaka in Criminal Appeal No, 2042 and 1929 ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......43 of 1992, found guilty under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and accused Sekander Ali Howlader and Abdul Barek Akon were sentenced to rigorous imprisonment for four months and a fine of TK. 5,000/- each in default to rigorous imprisonment for one month mo..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....ar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Respondent. Criminal Appeal No. 43 of 2001 (From the Judgment and Order dated 24.04.2000 passed by the High Court Division in Criminal Revision No. 667 of 1997.) Ju......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......ion No. 667 of 1997 making the rule absolute in part maintaining conviction of the appellant under sections 467/468/109 of the Penal Code but modifying the sentence to suffer rigorous imprisonment for two years and to pay fine of Tk.5,000/-, in default, to suffer rigorous imprisonment for furthe..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed by the High Court Division in Criminal Miscellaneous Case Nos. 2788 ...... initial intention of the accused respondent Nos.1 and 2 were to cheat and deceive the petitioner and, finding no other way the petitioner filed the above C.R. Case No. 4690 of 1999 after sending due notice and then the learned Chief Metropolitan Magistrate, Dhaka, after taking cognizance, issued su...... November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed b..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....tructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 6199 of 2003)......Broadly speaking that is the nature and scope of the inherent jurisdiction of the High Court under Section 561A in the matter of quashing criminal proceedings." 9. We have already noticed that the case before us cannot be regarded as a case of no legal evidence nor it can be sai......2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....ed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-For the Respondent. Criminal Petition For Lave of Appeal No. 4 of 2004 (From the Judgment and Order dated 22nd October 2003 passed by the High Court Division, in Criminal Revision No. 1185 of 2003) ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......ion No. 1185 of 2003) Judgment: Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Div..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....l Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passed by the High Court Division, in Criminal Appeal No. 1605 of 1997 with ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......Lawyers Involved: Sarwar Ahmed, Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passe..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....th him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not represented-Respondent Nos. 2-3 Civil Appeal No. 325 of 2002 (From the judgment and order dated 29.05.2000 passed by the High Court Division in Writ Petition No.133of 1999). Judgment......nless withdrawn/rescinded. Therefore, by a subordinate legislation i.e. service regulations of 1997 the power conferred by the P.O. 10 of 1972, cannot be taken away. 11. We have already noticed that delegation of power by the Board to the Managing Director of the BSC is undisputed. In......No.4 joined as a Commercial Officer in 1980 and the writ respondent No.5 joined as a senior clerk on 10.01.1984 and both were promoted as Assistant General Managers on 29.01.1989 and therefore, they are junior to the writ petitioner. The further case is that the Board of Directors of BS..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....nbsp; Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 6922 &a...... that Kancha Mai gifted the suit property to her daughter Ulfa Mai on the 1st of Jaistha, 1348 B.S. in presence of witnesses and others and also delivered possession to her, but this was not at all noticed and considered which resulted on failure of justice and the High Court Division withou...... Respondents (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....d by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respondent Nos. 1 & 3. Civil Appeal No.314 of 2001 (From the Judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999) Judgme......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment Augus..Category: Constitutional Law | Date: | Hits: 150
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