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Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......ppeal affirming the judgment and decree passed by the trial court. 3. A civil revision being preferred under Section 115(1) of the Code of Civil Procedure by the defendant the learned Single Judge discharged the Rule by judgment and order dated 15.04.2003. Hence is this petition. 4...Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... December 13, 1995 of the High Court Division in Civil Revision No.2130 of 1993 making the Rule absolute which was obtained against the judgment and decree dated May 30, 1993 of the Court of District Judge, Gazipur, in Title Appeal No.92 of 1989 allowing the appeal and thereupon decreeing the suit. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......here. 4. The learned Munsif decreed the suit upon consideration of materials on record. Against the said decree the petitioner filed Title Appeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
.... of 2003 corresponding to GR Case No. 507 of 2003 and Bauphal Police Station Case No. 12 dated 8-12-2001 under sections 147/ 148/149/140/141/324/326/307 and 302 of the Penal Code now pending in the Divisional Druta Bichar Tribunal, Barisal in respect of the petitioner only. 2. The facts, l......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ...... witnesses and convicted the other accuseds under sections 302 and 149 of the Penal Code. 4. Dr. Rafiqur Rahman, the learned Counsel, appearing for the petitioner, contended that the learned Judges of the High Court Division having gone through the first information report, post mortem re..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Single Bench of the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated Octob..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......ated June 24, 1996 of the High Court Division in Civil Revision No. 809 of 1991 making the Rule absolute and thereupon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to t..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......estigation of the case. The learned Magistrate after hearing the petitioner rejected the application by order dated 30-4-2005. 6. Feeling aggrieved, the petitioner moved the learned Sessions Judge against the aforesaid order of the learned Magistrate in Criminal Revision No. 85 of 2005 und..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......li and Rabi Sheikh have however, been acquitted. 2. The appellants along with other two acquitted accused Ayub Ali and Rabi Sheikh and one Wahed Ali Sheikh were tried by the learned Sessions Judge, Rajbari in Sessions Case No. 7 of 1994 on the allegation of committing murder of one Shahaju..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......No. 4924 of 1991 discharging the Rule. 2. The predecessor of the deceased pre-emptor Amirun Nahar instituted Miscellaneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e matter and Chatak Police Station Case No. 8 dated 16-3-1999 was started which, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notificatio......ed order the convict-respondent No.1 has been allowed bail for a period of one year in the aforesaid pending appeal. 4. Leave was granted to consider the following ground: "For that the learned Judge of the High Court Division did not consider that in granting bail to an accused convicted for ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......der No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Subordinate Judge (now Joint District Judge), Mymensingh in Other Class Appeal No. 202 of 1997 reversing the ju..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Syed JR Mudassir Husain CJ.- I have gone through the judgments proposed to be delivered by learned brother, Amirul Kabir Chowdhury, the author Judge and additional judgments written by my brother Md. Ruhul Amin, my brother MM Ruhul Amin and ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......ir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record&..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......9 (sat) under sections 183/186/188 of the Penal Code pending before the learned Magistrate, 1st Class, Satkhira. 2. Kazi Alamgir Kabir, a process server of the Court of the Senior Assistant Judge, Sadar, Satkhira, on 4-4-1999 submitted report before the learned Senior Assistant Judge, Sad..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......eks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting aside those dated 10-4-1990 of the Subordinate Judge and Commercial Court No. 2, Dhaka in Title Suit No. 68 of 1989 decreeing the suit. 3. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... assigned to the Karachi Bench of West Pakistan High Court (as Lucknow Bench in the Allahabad Case) (supra). Under paragraph 3 (3) of the said Order it was provided "the High Court and the Judges and Divisional Courts thereof shall sit at Lahore, but the High Court shall have Benches at Karachi and ......of 1989). Asrarul Hossain, Senior Advocate with Khondker Mahbubuddin Ahmed, Senior Advocate — Amicus Curiae. Civil Appeal No. 42 of 1988 Civil Appeal No. 43 of 1988 Civil Petition for Special leave to Appeal No. 3 of 1989. Judgment Badrul Haider Chowdhury J. — These two ap...... and High Court Division. (c) Amended Article purports to confer territorial jurisdiction to the permanent benches which is repugnant to Article 102 of the Constitution. (d) Transfer of Judges have been made by a deeming provision although nowhere in the Constitution such provision t..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Dea..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......lah, Advocate-on-Record —For the Appellant. Sharifuddin Chaklader, Advocate-on-Record —For the Respondents No. 1-5. Not represented-Respondent Nos. 6-11. Civil Appeal No. 75 of 1985 Judgement ATM Afzal J.— This is a plaintiffs' appeal by leave. The question raised is whether t..Category: Procedural Law | Date: | Hits: 110