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Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......ine qua non' of valid proceeding in all circumstances. The defect, namely, failure to examine a complainant under section 200, before issuing process amounts to a mere irregularity and apart from the question of prejudice, would be insufficient to vitiate the proceedings". 14. In the case of Md. ......y actions after complying with the requirement of section 200 of the Code of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the proper appreciation of the ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......ment and a relation of the appellant, succeeded in making contact with the respondent No. 2 over telephone who then informed Mr. Hossain that he passed the impugned order dated 29.7.99 as the land in question is vested property and the action of eviction was taken pursuant to his order and then Mr. ......am J.- Since both the appeals by leave arise out of the judgment and order dated 23.7.2000 passed by the High Court Division in Writ petition Nos.3002 and 3029 of 1999 and in both the appeals similar facts as well as point of law are involved, those were heard analogously and are disposed of by this..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......on of Ansar Ali, the landlord of accused Nannu and frequently used to remain absent from the house in the night. 6. The Tribunal, on consideration of the material evidence on record and the facts and circumstances of the case, found all the accused persons guilty under section 9(3) of the..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ...... 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reducing the sentence from death to imprisonment for life. 2. The facts, in short, are that Most. Minuara Khatun (15), sister of informant P.W.1 Md. Motaleb Hossain,..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......n of the land which belongs to the Government and they having not paid rent required to be filed by the kind of person as the plaintiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as cou...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......le Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Kera..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......of the lower appellate Court decreed the suit holding, inter alia, that the lower appellate Court had wrongly affirmed the trials Court's decree of dismissal of the suit overlooking the broad facts that the defendants had failed to prove the title of Rajendra Shil in the suit plot and that..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ...... the vessel imposing fine was illegal and without jurisdiction. 4. The learned counsel appearing for the appellants submits that the High Court Division having found that the vessel in question sailed from Singapore with consignments in four containers of the vessel erred in law......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ...... against the judgment and order dated 08.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.4005 of 2002 allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior ..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......ision as well as the Courts below have correctly held that the suit was not maintainable. The learned Advocate for the petitioner could not point out that the finding so arrived at by the Court of facts suffers from any error or that the same has been made upon misreading or non-considerati..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......n 3 (three) months on the expiry of the period for filing the appeal prescribed in section 6(2) of the Administrative Tribunal Act. 10. The Administrative Appellate Tribunal noticed certain facts i.e. the date of delivery of judgment (10.4.2004), the date of filing application for ob..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ...... J. - This appeal arises out of the judgment and order dated 5th February, 1998 passed by a Division Bench of the High Court Division in Writ Petition No. 2677 of 1995 discharging the rule. 2. The facts, in short, are that following an advertisement by the Government in the newspapers inviting ap..Category: Business or Commercial Law | Date: | Hits: 81
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... the plaintiff, obtained signatures of the petitioner No.1 on some blank papers on the plea of settling the dispute and the respondent No.1 might have converted the same into the bainanama in question without mentioning therein the default clause and further the above bainanama was not...... is evident from the bainanama itself and its back page and separate receipts and the execution of those has also not been denied by the petitioners and the trial Court, considering all these facts minutely, decreed the suit. 5. We are of the view that the High Court Division on prop..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......to appeal is directed against the judgment and order dated 20.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2384 of 1991 making the Rule absolute. 2. Short facts are that father of the petitioners filed Title Suit No. 58 of 1970 in the 6th Court of M..Category: Procedural Law | Date: | Hits: 91
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......Tribunal, Barisal in Administrative Tribunal Miscellaneous Case No. 03 of 2004 arising out of Administrative Tribunal Case No.49 of 2002 dismissing the Miscellaneous Case for default. 2. The facts, in short, are that after completion of his graduation degree on 09.07.1973 the petition..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......against the common judgment and order dated 23.02.2005 passed by a Single Bench of the High Court Division in Civil Revision Nos. 3992 & 2974 of 1999 discharging both the Rules. 2. Short facts are that the plaintiff instituted Title Suit No. 66 of 1991 in the Court of the Subordin..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise." 11. The aforesaid provision has done away with in......the instance of the appellant is directed against the judgment and order dated 09.08.2001 passed by the High Court Division in Civil Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court ..Category: Property Law | Date: | Hits: 22
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......cted against the judgment and order dated 12.03.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 6654 of 2002 discharging the Rule. 2. Short facts are that one Dr. Shamsuddin Jahangir as president of BCSIR Co-operative Housing Society ..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......Md. Jalal arises against the judgment and order dated 21.05.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 3145 of 2000 dismissing the appeal. 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to ac..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the year 1977 till passing the o......assing the order to the petitioner. Hence this leave-petition. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record, appearing for the petitioner, submits that in consideration of the entire facts and circumstances of the case, the petitioner obtained decree in Other Class Suit No. 146 of ..Category: Property Law | Date: | Hits: 21
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