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Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......vocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......virtue of the provision of section 43 of the Transfer of Property Act the plaintiff was entitled to claim the said interest of Abdur Rashid. On a Second Appeal to the High Court Division, the learned Judges of the said Division refused to interfere with the findings of the Court of appeal below on t..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (forÂmerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19......lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ion. The appellant was, therefore, allowed by this Court to address it on the said question as well.
7. Mr. M.H. Khandker, the appellant, who has appeared in person, has submitted that the learned Judges of the High Court were wrong in taking the view that he was a tenant under the Govt. in respe..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ........... Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal App...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. .......m. on the date of occurrence and appellant No.1 Teli was arrested on the following day from a place half a mile away from his house. 9. P.W.2 Abul Kalam Azad stated that he was an employee of the Judges Court, Naogaon. At the fateful night, just after opening the door of his room, he saw appella..Category: Criminal Law | Date: | Hits: 103
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......pheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner in the afternoon to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279......., Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......tisfied with the order under Memo No.n¡M¡-9/1Hm-22/2000/692 dated 4.12.2004 issued by respondent No.4, the petitioner filed Writ Petition No.6864 of 2004 before the High Court Division. The learned Judges of the High Court Division, upon hearing the parties, by the judgment and order dated 03.10,2..Category: Property Law | Date: | Hits: 79
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....e contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for not complying with the judgment and decree......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......der dated 07.04.2011 passed by the High Court Division in Criminal Miscellaneous Case Nos.5687, 5688 and 5689 of 2011.) Judgment Md. Mamtazuddin Ahmed J.- The above mentioned Criminal Petitions for leave to appeal have been directed against the judgment and order dated 07.04.2011 passed by the......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197....... Division after hearing, by order dated 30.03.2011 disposed of those leave petitions giving direction upon the High Court Division to dispose of the matters on merit by 07.04.2011. 10. The learned Judges of the High Court Division heard those Miscellaneous Cases and by order dated 07.05.2011 disc..Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
...... the case of the petitioner with regard to opening of the independent campuses at Chittagong and Rajshahi in accordance with law within 1(one) month from the date of receipt of the order. The learned Judges also allowed the order of stay of operation of the impugned memo to continue "till the approp..
Category: Others | Date: | Hits: 197
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acqÂuitte......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......Court to decide as to whether the evidence has any probative value and by no generalization relating to appreciation of evidence which are not all rules of law, the superior Courts should deprive the Judges of the lower Courts who have to decide on conflicting evidence "of that freedom of reasoning ..Category: Criminal Law | Date: | Hits: 107
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ...... and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act was issued upon it for re-assessment, the ground being that it was under-assessed for the year concerned. The assessee ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......sion 'person' as occurs in section 5 (5) of the Income Tax Act does not exclude a 'firm' from its ambit. 6. In Civil Appeal No. 114 of 1981, the only point for determination is whether the learned Judges of the High Court Division correctly interpreted sub-section 2(A) of secÂtion 34 of the Inco..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....pped and the attachment withdrawn he had no lonÂger any jurisdiction in the matter. The AddiÂtional Sessions Judge by his order dated 29-7-80/1-9-80 directed the Magistrate "to show cause as to why contempt of Court proceeding shall not be drawn against him under Contempt of Court Act for non-comÂ......another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the responÂdents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... Division] may in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338, and may enhance the sentence; and, when the Judges composing the Court of Revision are equally diviÂded in opinion, the case shall be disÂpose..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in sui......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... said lands, the law of estoppel would apply and that the Government would be estopped from asserting that it had no title to the said lands at the time when the settleÂment was granted. The learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... 7. The High Court Division was moved under section 115 of the Code of Civil Procedure on behalf of the plaintiffs against the order of abatement made by the learned Subordinate Judge but the learned Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the..Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3. Dilip Piuri Fike......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......d without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mother and predecessor of the petitioner, filed Miscellaneous Judicial Case No. 23 of 1990 before the learned District Judge, Jessore under section 35 of the Waqf Ordinance, 1962 for setting as......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......der of the Waqf Administrator. It is further provided in this section that the decision of the District Judge in such matter shall be final. The question now arises is whether the Additional District Judges are entitled to exercise this power or not. Section 8 of the East Bengal Civil Court's Act (A..Category: Trust/Waqf Law | Date: | Hits: 153
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......5 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Se......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... Death Reference and the Criminal Appeal and Jail Appeal were heard by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivere..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......espite retraction, the learned Assistant Judge is perfectly justified in convicting the appellant relying upon the confessional statement. 4. Leave was granted to consider (a) whether the learned Judges of the High Court Division were justified in maintaining the conviction and sentence, (b) whe..Category: Criminal Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......f the Act which runs as follows: "(4) The Government may appoint one or more persons who has or have exercised the power of a District Judge or a Subordinate Judge to be a Special Judge or Special Judges for the purposes of hearing appeals which may be preferred to him or them under the provision..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......cate-on-Record—For the Petitioners.
Mohammed Ali Akanda, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the H...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......ay on 24-12-2007 and no reasonable explanation was furnished to explain the delay in lodging the FIR, and, as such, serious doubt has been created about the genuineness of the case.
7. The learned Judges of the High Court Division, upon hearing the parties, by their judgment and order dated 16-5-..
Category: Criminal Law | Date: | Hits: 85
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