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Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....ul Amin J. - This appeal by leave is directed against the judgment and order dated 06.11.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 2999 of 1999 discharging the Rule. 2. Short facts are that the above writ petition was filed impugning the order of the r......cordingly, 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: Trust/Waqf Law | Date: | Hits: 190

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... by the said order dated 8.2.2003 the informant petitioner Runu Akhter preferred an appli­cation under section 561A of the Code of Criminal Procedure before the Hon'ble High Court Division and Rule was issued and stay was granted and the High Court Division, by the same order dated 7.4.2003 ......ndering and only on 27.6.2004 he surren­dered but the fact remains that he was a fugitive from justice at the relevant time and it is on this ground alone that the rule ought to have been made absolute in the High Court Division. As such the impugned judgment and order dated 24.7.2004 dis&sh..

Category: Criminal Law | Date: | Hits: 31

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......eved moved the High Court Division under sec­tion 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties by judgment and order dated 25.07.2001 made the rule absolute setting aside the orders of the learned Magistrate taking cognizance under section 420 of ..

Category: Criminal Law | Date: | Hits: 29

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....nsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 9363 and the same was made absolute by the le......laneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 9363 and the same was made absolute by the learned Judges of the High Court Division by judgment and order dated 4.11.2002 en..

Category: Criminal Law | Date: | Hits: 68

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

.... appeal by leave by the writ petitioner is from the judg­ment and order dated 27-8-92 passed by a Division Bench of the High Court Division in writ petition No.3182 of 1991 discharg­ing the Rule Nisi. 2. The appellant imported 29(14+15) bundles of secondary quality M.S. sheet from......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)

....t Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by the High Court Division in Civil Rule Nos, 638 (F) and 9 (F) of 2004.) Judgment:        ...... and Dyeing Limited and another is from the judgment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the responde..

Category: Property Law | Date: | Hits: 41

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....in J.- This appeal by leave is directed against the judgment and order dated 5-12-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 4631 of 2000 dis­charging the Rule and thereby refusing amendment of the plaint. 2. The appellants as plaintiffs filed O......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)

....This petition for leave to appeal is directed against the judgment and order dated 18-2-2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3288 of 1999 discharging the Rule. 2. Short facts are that the respondent No. 2 filed Title Suit No. 112 of 1997 agains......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..

Category: Civil Law | Date: | Hits: 115

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

.... material time an Additional Land Acquisition officer, Jessore was arrested on 6-3-83 in connec­tion with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 i......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

.... Amin CJ: The appeal, by leave, has arisen out of the judgment and order dated January 19, 2000 of a Division Bench of the High Court Division in Writ Petition No, 3827 of 1998 dischar­ging the Rule. 2. The writ petition was filed impugning Memo No. AJRPOHO/Revenue/JA:MA/14/6/ll/......re, the Government on July 15,  1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became the absolute owner in possession and control of the estate. The appellant came to know that on April 22..

Category: Property Law | Date: | Hits: 43

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

....for leave to appeal is directed against the judgment and order dated 4th July, 2001 passed by a Single Bench of the High Court Division in Criminal Miscellaneous Case No. 1493 of 1995 discharging the Rule arising out of the proceedings of the Criminal Case No.561 of 1993 under Section 420 of the Pen......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..

Category: Criminal Law | Date: | Hits: 92

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....elationship between the victim of the incident and the persons who have caused the incident is bittah. The recognized principle is that where there is enmity between the parties in the proceeding the Rule of prudence requires corroboration of the evidence of the prosecution witnesses, who are deposi......e interested in the prosecution of the accused persons and the witnesses inter se related their testimonies require to be corroborated by independent and disinterested witness, but the rule is not an absolute or non-flexible one. In the background of the facts of a particular case it may happen for ..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....gment and order dated 23.04.2007 and 24.04.2007 passed by the High Court Division in Writ Petition Nos.7189 of 2005 (disposed of analogously with Writ Petition Nos.4078 and 7569 of 2005) making the Rule absolute in Writ Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.......and order dated 23.04.2007 and 24.04.2007 passed by the High Court Division in Writ Petition Nos.7189 of 2005 (disposed of analogously with Writ Petition Nos.4078 and 7569 of 2005) making the Rule absolute in Writ Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.7569 o..

Category: Trust/Waqf Law | Date: | Hits: 199

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ssed in First Miscellaneous Appeal No.264 of 2003 allowing the appeal setting aside the judgments and order Nos. 2 and 3, both dated 13.11.2002, allowing the prayer of the plaintiff under Order 40 Rule 1 read with section 151 CPC appointing receiver and also order Nos.6 and 7 dated 26.11.2002 an......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 36

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....in J. - This petition for leave to appeal is directed against the judgment and order dated 12.12.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 2633 of 2004 making the Rule absolute. 2. Short facts are that the petitioner filed Election Petition Case No. 3 of 2003...... - This petition for leave to appeal is directed against the judgment and order dated 12.12.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 2633 of 2004 making the Rule absolute. 2. Short facts are that the petitioner filed Election Petition Case No. 3 of 2003 in t..

Category: Election Law | Date: | Hits: 162

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....e People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 passed by the High Court Division in Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in th......ple's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 passed by the High Court Division in Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd..

Category: Property Law | Date: | Hits: 28

Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)

....d. Suruzzaman and others, defendant-petitioners seek Leave to Appeal against the judgment and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Jud......ruzzaman and others, defendant-petitioners seek Leave to Appeal against the judgment and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, N..

Category: Property Law | Date: | Hits: 51

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....nts, that Junior Accountants are appointed from departmental candidate as well as by direct recruit and from direct recruited probationers who passed part-I examination as per T & T Recruitment Rules, 1984, that the entry post of T & T Accounts service is Junior Accountant and promotion ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125