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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....r Bangladesh Abandoned Property (Control, Management & Disposal) Order (P.O. No. 16 of 1972) on a false plea that his father went to Pakistan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommend......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......a to the petitioner, Mrs. Sahera Khatun; and, that the house was wrongly included in the list of abandoned properties. In that case there was no affidavit-in-opposition by the Government. The learned Judges observed: "Although the notice of this rule was served upon the Ministry of Public Works and ..

Category: Property Law | Date: | Hits: 32

Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)

....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......n away in limine as the question may be agitated in framing an issue to the point. There is no ingredient of Order VII rule 11 in the application filed by the defendant. The learned Joint District Judge is fully justified in rejecting the petition….(23 & 25) Lawyers Involved: ..

Category: Property Law | Date: | Hits: 33

Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)

....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... in Civil Revision No. 5090 of 2002 making the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possess..

Category: Procedural Law | Date: | Hits: 93

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... condoning the delay in filing the appeal and thereupon making order for registration of the appeal. The appeal was filed against the judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintif..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

..... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......;     A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a decla­ration of title to recovery of khas possession in some part and a..

Category: Property Law | Date: | Hits: 106

Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)

....lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......p;            A. T. M. Afzal CJ. - This is a plaintiffs' appeal by leave and arises out of judgment and order dated 17 May, 1994 passed by a Single Judge of the High Court Division discharging the Rule in Civil Revision No. 8035 of 1991. 2...

Category: Civil Law | Date: | Hits: 103

S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

.... 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: ...... 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: ...... No. 2. Criminal Petition For Leave to Appeal No. 177 of 2003 (From the Judgment and Order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001) Judgement Amirul Kabir Chowdhury J. - Accused S. M. Emdadul Hossain (Bulbul) seeks leave to appea..

Category: Criminal Law | Date: | Hits: 36

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....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. ......the case being investigated a Final Report (True) was submitted on 21 June 2002 by the investigating officer. On behalf of the respondent State a Naraji petition was filed before the learned Senior Special Judge, Sirajganj on 25.6.2003. The learned Senior Special Judge after hearing the parties ......being investigated a Final Report (True) was submitted on 21 June 2002 by the investigating officer. On behalf of the respondent State a Naraji petition was filed before the learned Senior Special Judge, Sirajganj on 25.6.2003. The learned Senior Special Judge after hearing the parties issued su..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......, co-accused Majibul Hoque and 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......used Majibul Hoque and 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..

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. ......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. ...... (From the Judgment and Order dated 30.04.2003 passed by the High Court Division in Death Reference No. 22 of 2000 with Jail Appeal No. 1635 of 2000 and Criminal Appeal No. 1243 of 2000) Judgement:            Amirul Kabir Chowdhur..

Category: Criminal Law | Date: | Hits: 48

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....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. ......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. ......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

Abul Hashem Vs. State, 2006, 35 CLC (AD)

....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......ted 07.09.1995 under Section 5 of the Cruelty to Women (Deterrent  Punishment)  Ordinance, 1983 hereinafter referred to as the Ordinance. Under the provision of aforesaid ordinance, the Special Tribunal constituted under the Special Powers Act, 1974 took cognizance of the offence, to t......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 30

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. ......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. ......al Appeal No. 283 of 1998 by a Division Bench of the High Court Division, dismissing the appeal and consequent there­upon affirmed the judgment and order dated 09-07-1990 passed by the Session Judge Rajbari in Sessions Case No.5 of 1991 which arose out of Rajbari P.S Case No. 2 dated 09-07-1..

Category: Criminal Law | Date: | Hits: 43

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ......l Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Sen..

Category: Property Law | Date: | Hits: 31

Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......dated 24.05.2003 passed by a Division Bench of the High Court Division dismissing Criminal Appeal No.1748 of 2000 thereby affirming the Judgment and order passed by the learned Additional Sessions Judge, 2nd Court, Narayangonj convicting the accused petitioner under Section 394 of the Penal Code..

Category: Criminal Law | Date: | Hits: 52

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......on the legality of the judgment dated 6.1.1997 passed by the High Court Division in Civil Revision No.3254 of 1992 setting aside the judgment and decree dated 30.5.1992 of the Court of Subordinate Judge, Pabna in Other Class Appeal No. 34 of 1984 affirming the judgment and decree dated 29.1.1984..

Category: Property Law | Date: | Hits: 39

Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......ll of her husband Trailakha Nath Roy was allowed. 2. The First Appeal was filed by the Respondent No.1 against the judgment and order of May 20, 1996 of the 1st Court of Additional District Judge, Barisal in Probate Case No. 2 of 1992 rejecting the prayer of the Respondent No.1 seeking pr..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......a Single Bench of the High Court Division in Civil Revision No. 2419 of 1990 making the Rule absolute upon reversing the judgment and decree dated March 15, 1990 of the Court of Additional District Judge, Kushtia in Title Appeal No. 147 of 1986 affirming the judg­ment and decree dated June 5..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....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. ......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. ......y unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned District Judge, Chandpur. The appeal was fixed for hearing on 4.11.1991 on which date the appellant was foun..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....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. ......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. ......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