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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....sain (Bulbul) seeks leave to appeal against the judgment and order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of com...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....nch of the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004 summarily rejecting the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dh......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 163......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....e Penal Code to run concurrently instead of consecutively and reducing the amount of fine of Tk. 40,000/- from Tk. 1(one) lac in default to suffer Rigorous Imprisonment for 3(three) months. 2. The facts, in brief, leading to the leave petition are that the petitioner was serving in Dhaka General ......k, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) ...... others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judge after recording evidence convicted four accused including the petitioner and aforesaid Majibul Hoque. Appeals were f..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State………&h......dh ache. Oi shomoy ghotona-sthole badir shalok Faruk kea ami dekhi nai” This witness being the only disinterested elderly neighbour of the informant, his evidence is of immense value which conclusively proved that the prosecution story is false and..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....hy;tioners under sections 9 (Kha) and 14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, hereinafter referred to as the Act in Nari-O-Shishu Nirjaton Case No. 160 of 1999. 2. The facts leading to the leave petition are that one Akhter Newaz lodged an F. I. R. with Nagogaon Poli...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respond......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....on in making direction to an authority to promote a particular employee and thereby depriving the authority from considering the case of promotion of an employee in the background of the facts available to it. It is within the domain of the authority to make decision in the m...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir A......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
.... issuing any work order in favour of respondent No.3 or otherwise respondents No. 1 and 2 would suffer irreparable loss and injury, As the Civil Court was closed, it was submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High......ubmitted charge sheet on 27.10.90. The Sessions Judge, Rajbari held trial under section 302/34 of the Penal Code. The trial Court convicted the petitioner being satisfied upon considering the evidence on record under section 302 of the Penal Code. 5. Against the judgment and order of ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....n Petition Case No. 221 of 2003 in releasing the trawler in favour of the complainant leave petitioner upon furnishing bond of TK. 1,50,00,000/- ( One crore fifty lacs). 2. The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Develop......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......ary action. The Sub-Inspector of Doublemooring Police Station having inquired into the matter submitted his report on 01-09-2003 and in the said report, the Inquiry Officer stated to have found no evidence regarding the commission of any offence by the respondent No.1 as alleged by the peti..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay fine of TK. 5,000/- in default, to suffer rigorous imprisonment for 2 (two) years more. 2. The facts, in short, are that one Md. Farooq Hossain an employee of Zaman and Company on 11.09.1996 at ......rs Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by the High Court Division in Criminal Appeal No. 1784 of 2003 ......gment and order dismissed the appeal. Hence is this petition. 3. In support of the petition Mr. Md. Naqab Ali, learned Advocate-on-Record submits, inter alia, that there being no cogent evidence warranting conviction of the accused petitioner the High Court Division committed illegali..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
.... paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Pet....... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....982 and to Korshed Alam (respondent No. 3) from 20-10-1982 thereby the High Court Division made the Rule absolute in part the said writ petition. 4. In Civil Appeal No. 99 of 1998, the short facts are that Md. Fazlul Huq (the respondent No. 2) brought I.R.O. Case no. 59 (ka) of 1989 befor......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....s affirmed by the court of appeal below. 5. On a perusal of the High Court Judgment we find that the said Division was completely oblivious of the fact, that with the concurrent finding of facts arrived at by the trial Court as well as by the court of appeal below which is the final cou...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May 17, 2005. Lawyers Involved: ...... the judgment is corum non judice, perverse. Having gone through the judgment of the trial Court and the Court of appeal below and deposition of the witnesses specially the clever and dubious evidence of Sakhawat Hossain a former employee of the Relief and Rehabilitation Department and..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....al (Probate) No. 246 of 1996, the said appeal was required to be disposed of on merit by the High Court Division. 7. The learned Counsel representing the respondents in the background of the facts and the circumstances in which the judgment of the First Appeal was set aside finds diff......Present Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved......e to the 'original court' "For hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence." 3. It may be mentioned that the High Court Division allowed the First Appeal..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ral and others reported in (2201) 6 MLR (AD) 151 and the case of Md. Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another reported in 39 DLR (AD) 237. In the background of the facts of the case the principle laid down in the aforesaid cases has no manner of application sinc......t any order as to costs. Ed. ......ered deed of gift was recorded in her name and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs ha..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
.... the order of dismissal of the appeal was passed on 18.11.1991 and as such the explanation given by the appellant was found by the High Court Division to be devoid of substance and in view of such facts and circumstance the rule was discharged. 9. To appreciate the submissions let us ...... Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Shamsul Huq Sarker...............................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....,5097,5260, 8034,8035,8036, 8037, 8038,8039,8040, 8041, 8042, 8043, 8292 of 2002 & 1164, 1165, 1166, 1167, 1168, 1169, 1170, 2731, 2732, 2733, of 2003 making the Rules absolute. 2. Short facts are that the writ petitioners were appointed in various posts of the Trading Corporation......ed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....2000 passed in Sessions Case No. 24 of 1995 by the learned Sessions Judge, Munshiganj acquitting the accused respondents of the charge under Sections 341/320/302/34 of the Penal Code. 3. The facts, in short, are that the informant petitioner Mainul Islam on 30.08.1994 lo......2003) Not represented-Respondent Nos. 7 &8 (In Criminal Petition No. 190 of 2003) Criminal Petition for Leave to Appeal Nos. 189 & 190 of 2003 (From the Judgment and Order Dated 26.11.2002 passed by the High Court Division in Criminal Appeal No. 527 of 2000 an......rmant Mainul Islam being aggrieved preferred these two petitions. 6. In support of the petitions Mr. Md. Nawab Ali, learned Advocate-on-Record submits, inter alia, that there is cogent evidence warranting conviction of the accused respondents but the courts below committed illeg..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....olding the order of conviction and sentence passed against the two petitioners, while acquitting co-accused A. Sattar, A Mannan of the charges under Sections 366/34 of the Penal Code. 2. The facts in short are that the petitioners along with others were prosecuted under Sections 366/...... Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents......guardian or custodian of victim Rahim Kahtoon and the victim was not taken out of the keeping or lawful custody of the informant and in the instant case none of the courts below considered the evidence of D.W. 1 the admitted mother of the victim where she stated that her daughter was no..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....ssed by the High Court Division in Criminal Miscellaneous Case No.12022 of 2003 rejecting the application of the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of&nb......s Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave-to Appeal No. 195 of 2003 (From the Judgment and Order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 12......ynal Hazari, an enemy of the petitioner and that there was no eye of witness to the alleged occurrence and as such the judgment of the High Court Division has been passed illegally. There being no evidence warranting conviction of the accused petitioner the High Court Division committed error re..Category: Criminal Law | Date: | Hits: 45
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