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State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... Patwary, Advocate-on- Record- For the Petitioner Abu Siddique, Advocate-on-Record- For Respondent No. 3 Not Represented- For Respondent Nos.1-2, 4-6 Criminal Petition for Leave to Appeal No. 135 of 2004 Judgment: &nb......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment November, 2005 Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by, Ahsan Ullah Patwary, Ad..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ...... August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 869 of 2001 Judgment: &n......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ...... National Board of Revenue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md...Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......t Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved: A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Adv..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......he Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-Fo..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another AIR 1927, PC. 230; Mt. Jahan Ara Begum Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......orary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defendant a...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ....................(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR AD 74. Lawyers Involved: Abdur Rob-1, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-F..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Sha..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ....... Zahirul Islam, Advocate-on-Record- For the Appellant. Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 6. Not represented- For Respondent Nos. 1-5. Civil Petition for Leave to Appeal No. 1008 of 2003 Judgment: &...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......h School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate instructed by Md. Zahirul Islam, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ade by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal N......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ing admitted by the learned advocate and also assurance given that no such repetitions will occur and the impugned findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed b..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......: The appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Specia......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......he law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218........ Aftab Hossain, Advocate-on-Record—For the Petitioner. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-record — For the Respondent No. 8. Civil Petition for Leave to Appeal No. 258 of 1989. Judgment Badrul Haider Chowdhury J. - In this petition ......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218....... secretary as because the impugned order was the order that emanated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. Wahab..Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have n......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale………………(8) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instruct..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.......……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an ord...... January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an applic......ners Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Par......Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election trib....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......usan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election Commission, PLD 1966 (SC)1 (26). Lawyers Involved: T.H. Khan, Senior Advocate (Abdul Wahhab, Advocate with him) instructed by Md. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ction 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......is too much to ask for any such evidence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advoca..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the petitioners. Not represented-Respondents Civil Petition for Leave to Appeal No. 1180 of 2004. Judgment: ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......;……….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent Judgment February 12, 2006 Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advoc..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......te. Jail Petition No. 20 of 2004 Judgment: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Divisio......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......n Islam…………Petitioner Vs The State……………………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, De..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......eogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......smail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......llip;……Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, ..Category: Employment/Service Law | Date: | Hits: 136
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