Search Options
Judgment Advanced Search
Displaying 5841-5860 of 7038 results.
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....al 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 respondent No.1 he......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) ......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)
....pondent and other co accused were very furious and started to threaten them again. Therefore the informant petitioner filed an application for cancellation of his bail stating all the relevant facts and grounds before the learned Chief Metropolitan Magistrate, Dhaka on 18.10.2001. Upon perus......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ......ccused respondent in the commission of the said sensational murder of late Ward Commissioner Shaukat Ali and as the case is still being investigated with allegation of threat and tempering with the evidence/witnesses his bail should be cancelled and the ought to remain in custody for securin..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....bul Goni seeks leave to appeal against the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 2250 of 2002 discharging the rule. 2. The facts, in brief, are that the respondent No.2 Sheikh Liakat Ali lodged a petition of complaint befo......Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mahabubul Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involv......ted the company's money and/ or made false statement in the annual return. 7. On the face of such statement made in the petition of complaint it cannot be said at this stage before recording evidence of the parties that the proceeding is an abuse of the process of the court or is, therefo..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....nt has been specifically implicated in the F.I.R and his over act and positive role are the real cause in commission of murder and under such situation the High Court Division has erred in law and facts in enlarging the respondent on bail. 5. It appears that 49 accused persons appeared be......ecord-For the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Respondent Criminal Appeal No. 7 of 2003 (From Judgment and Order dated 4.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 9363......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....ssion of the suit land by dispossessing the appellant while the appeal was pending. Furthermore, the appellant prayed for stay of operation of the impugned judgment and order and considering these facts the High Court Division made the rule absolute and directed the pre-emptor to hand over pos&s...... Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..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. ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................R...... 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
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......llip;…….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never s......missing the appeal. 5. Leave was granted to consider the contentions that the trial Court convicted and sentenced the condemned-petitioner to death on the basis of circumstantial evidence and the High Court Division confirmed the same on the same ground although the circumstant..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....suit as a suit for recovery of possession under section 9 of the Specific Relief Act and rejected the prayer for amendment of the plaint. This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a pla......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......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)
....report was not admitted in evidence. In that state of the matter, the High Court Division was not justified in relying on the same and reversing the judgment of the trial Court. 13. In the facts and circumstances of the case and in view of the discussions made above, we are of the view t...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti......ed earlier. 5. Leave was granted to consider the submission that the High Court Division erred in law by relying exclusively on the Advocate Commissioner's Report which was not admitted in evidence and, as such, the finding based on the said report to the effect, that the parties to the ..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)
....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 against the writ petitioner fo......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr......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)
.... Rule 4 and sub-rules (2)and(3) of Rule 25 of the Government Servants (Discipline and Appeal) Rules, 1985, shortly the 1985 Rules, as it was passed without an independent consideration of the facts by the Government, though in fact the authority considered all the facts and circumstances of......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo......ly found that the 1985 Rules were applicable to him. The Appellate Tribunal however did not interpret Rule 25 (2) of 1985 Rules correctly. It was not necessary for the Government to assess the evidence given before the Summary Martial Law Courts to decide whether the respondent should be ret..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
.... of the lessee of the tea garden, since the lessee's steps to take lease of the Balumohal on a token price, to which government did not agree, is not material and relevant in the background of the facts and the question calling for determination. The sole question is, how far the Government in t...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ting the respondents submitted that the High Court Division did not consider the evidence of P.Ws. 2 and 6, inmates of the hut wherein incident took place, the eye witnesses, in the background of the facts and circumstances of the case and the materials on record and the evidence of the said witness......llate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J The State..................................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Manna...... of 1/4 mile from the place of occurrence went to the hut of the deceased in the morning, P.W.10 is also brother of the deceased. 12. As stated hereinbefore the trial Court on consideration of the evidence of the eye witnesses as well as of the witnesses who immediately after the incident went to..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....) making the Rule absolute in Writ Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.7569 of 2005: and discharging the Rule in Writ Petition No.4078 of 2005. 2.The facts, in short, are that on an application under Article 102 of the Constitution in Writ Petition......han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ......ng upon the respondents to show cause as to why a direction should not be made upon them to evict the trespasser from property Nos.16-19 of Ershad Ali Chowdhury Waqf Estate bearing E.G. No.6269 as evidenced by Annexures-'P' and 'Q' within 30 days and/or pass such other or further order or orders..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....02 rejecting the prayer for stay of the above orders dated 26.11.2002 and 28.11.2002, all passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are that the petitioner, as plaintiff, instituted the above suit on 6.11.2002 for declaration......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......efendant Nos. 1-6 who are. in possession thereof and also without giving them an opportunity of being heard. 5. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not p..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....ave 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 the Court of Assistant J...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....oid-ab-inito. The deeds have never affected the rights of the plaintiff. The plaintiff was, therefore, not required to seek any declaration either for setting aside or cancellation of them. In the facts of the case and the evidence, oral and documentary, on record the learned District Judge miss......sed. Ed. ......status quo dated 05.04.1999.The application was registered as violation Miscellaneous Case No.09 of 1999. The defendant opposed the application by filing written objection. On consideration of the evidence the trial Court found that the defendant dispossessed the plaintiff in violation of the or..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....ion reported in 2 BLD (AD) 16 and the decision in the aforesaid case is fully applicable in the instant case. The last contention of the learned Counsel is of no substance in the background of the facts of the case in that in the instant case there is no dispute as to the seniority of the Senior...... (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government......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
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....easonings assigned by the High Court Division for commuting the sentence of death to imprisonment for life are well founded and he has nothing to submit in this respect. 9. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of the view th......a Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....r mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the facts in detail from his wife and other witnesses and he further learnt that the leading persons o......by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ...... report of the chemical examination which speaks about the sign of rape upon the victim girl child and considering the gravity of the offence and every chance of abscondence and tampering with the evidence by the accused-respondent, the learned Judges of the High Court Division should have refus..Category: Criminal Law | Date: | Hits: 44
21302129212821272125212421232122212121202118211721142113211221112110210821072106