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Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Petitioners (In both the Petitions). Not Represented — the Respondents (In both Petitions). Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995. (From the Judgment and order dated 5-7-95 passed by the High Court Division in Criminal Appeal Nos. 1901 and 2023 of 1991). J...... dying declarations the names of these accused-petitioners were mentioned by the deceased. The second Dying declaration being nearer to death the learned Judges believed the same. Apart from this, on scrutiny of the evidence of the two eye-witnesses, namely, PWs 4 and 7 we also find that they in cle..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....d by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....der of the High Court Division in Civil Revision No. 145 of 1988.) Judgment Bimalendu Bikash Roy Choudhury J. - This appeal by leave by the plaintiffs is directed against the judgment and order dated 25 January 1994 of the High Court Division in Civil Revision No. 145 of 1988 whereby a learned......s of the courts below granting permanent injunction in favour of the plaintiffs. 8. The legal proposition advanced by the learned Advocate for the appellants is obvious and true. But on a careful scrutiny of the judgments pronounced by the trial Court and the appellate Court we have not been abl..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....” For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2. Civil Appeal No. 96 of 1994. (From judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 310 of 1990.) Judg......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....Aftab Hossain, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nor. 1, 3-9. Civil Appeal No. 116 of 1999. (From the judgment and order dated 10-3-1999 passed by the High Court Division in Writ Petition No. 519 of 1999). Ju...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....d by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999). ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....itioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....tioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Judgment ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) Criminal Appeal No. 6 of 1998. (From the Judgment and order dated 7-5-1996 passed by the High Court Division in Criminal Appeal No.96 of 1994). with Crimi......infirmity in the statement of this witness before the court, the same can be relied on. There is no valid reason to discard such evidence as incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16)..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) Judgm......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....llant. A.F. Hassan Arif, Attorney General, instructed by Sufia Khatun, Advocate-on-Record- For Respondents. Civil Appeal No. 452 of 2001 (From the Judgment and Order dated 29 March 2001 passed by the High Court Division in Writ Petition No. 5100 of 2000). ......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Civil Appeal No. 134 of 2001 (From the Judgment and Order dated 16th May passed by the High Court Division in Writ Petition No. 1655 of 1999) ......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....te-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27- November 1984 passed by the High Court Division Chittagong Bench in Second Appeal No.279 o......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....nt Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in Civil Revision No. 4183 and 4184 of 1996) ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ts. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent. Civil Appeal No. 119 of 1999. (From the Judgment and Order dated 6th June, 1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 o......eved thereby the pre-emptor-respondent preferred Civil Revision No. 372 of 1998 before the High Court Division and the Rule obtained was made absolute by remanding the case to the appellate court for scrutiny of the question of defect of party. 6. Mr. T.H. Khan the learned Counsel appearing f..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) Judgmen......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
.... Razzaque Khan, Additional Attorney General instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Criminal Appeal No. 32 of 1999. (From the Judgment and Order dated 02.06.1999 passed by the High Court Division in Criminal Appeal No. 2777 of 1998) ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and othÂers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....- For the Appellant. Nitai Roy Chowdhury Advocate instructed by Mvi. Md. Wahidullah Advocate-on-Record- For the Respondent. Civil Appeal No. 214 of 2000 (From the Judgment and Order dated 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) Moham......ith reference to the relevant proÂvisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....y Chakma, Assistant Attorney General, with him), instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent Civil Appeal No. 09 of 2001 (From the Judgment and Order dated 4th April 1996 passed by the High Court Division in First Miscellaneous Appeal No. 82 of 1993)......aka, one at Mohakhali and another Banani and for this purpose they floated tender from intending contractors. Many contractors including the appellant participated in the said tender and on scrutiny their bid was found to be the lowest and as such the same was accepted by the Government of..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....nbsp; B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3 Civil Appeal No. 27 of 1991 (From the Judgment and Order dated 5. 3. 89 passed by the High Court Division in Appeal From Original Decree No. 40 of 1985).&nbs......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
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