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State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......Code (including section 411 of the Penal Code in respect of respondent No. 1 thereby setting aside the judgment and order of conviction and sentence dated 22-10-1997 passed by the Additional Sessions Judge, Habiganj in Sessions Case No. 17 of 1994. 2. The prosecution case, in short, is that ..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......charging the Rule. 2. The revision case has arisen in this way. The plaintiff (Government of Bangladesh) brought Other Class Suit No. 791 of 1989 in the Court of Senior Munsif (Assistant Judge), Kishoreganj, against the respondents for declarations that the ex parte decree dated 26 Jun..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Division Bench of the High Court Division..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......7 of 1990). Judgment Md. Gholam Rabbani J.- Six respondents along with 26 others were placed on trial for committing murder of one Fakku Mia and his wife Bakul Bibi before the Court of Sessions Judge, Comilla, in ST Case No. 94 of 1986. By the judgment and order dated 29-3-1988 learned Session..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... or their vendor. Other non-contesting defendants are the tenants under the defendant No. 1. 4. The trial Court dismissed the suits Plaintiffs then preferred appeal. The First Court of Subordinate Judge who heard the appeal allowed the appeal and decreed the suit. Said contesting defendant then o..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......nst judgment and order dated 9 June, 1997 of the High Court Division making the Rule absolute in Civil Revision No. 3179 of 1993 setting aside those dated 12-6-93 passed by the learned Subordinate Judge allowing Miscellaneous Judicial Case No. 3 of 1993 reviewing his earlier judgment dated 3-3-1..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ondoing the delay of 1302 days in filing connected Civil Revision. 2. The short fact leading to this petition is that the petitioner instituted Other Suit No. 193 of 1981 the Court of Subordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 pass..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Bank on 03.08.1997 and the same was honoured by issuing another payment order bearing No. 569283 dated 03.08.1997 for Tk. 1,00,000/- only treating the same as paid Pay order (having no Banks Special Crossing, clearing stamp and endorsement) by keeping original instrument presented through ...... by a Single Bench of the High Court Division in Civil Revision No.6467 of 2002 making the rule absolute setting aside the judgment and decree dated 16.10.2002 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Other Appeal No. 54 of 2002 who affirmed the judgment and decree da..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....rt of Senior Assistant Judge, Iswarganj, Mymensingh. The suit was filed seeking declaration that the order dated January 25, 1989 passed in Second Certificate Appeal No.88 of 1984 by the Additional Divisional Commissioner, Dhaka Division, order dated August 22, 1989 passed in Certificate Review C....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... Division in Civil Revision No.3339 of 1992 making the Rule absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assistant Judge, Iswarganj, Mymensingh. The suit was filed seeking declaration that the order dated January 2..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......n Bench of the High Court Division in rejecting the Writ-petition No.4063 of 2000 filed by the writ petitioner challenging the judgment and decree dated 30-5-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat in Title Suit No.220 of 1999 decreeing the same. 2.&nb..Category: Banking Law | Date: | Hits: 120
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....9.07.1970. After the liberation of the country Biraj came back to Bangladesh and filed objection against the lease granted in favour of defendant No.1 but his objection was rejected by the then Sub-Divisional Officer and hence the suit is liable to fail. 4. We have heard Mr. A.J. Moh......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ...... and order dated 21.10.2001 passed by a Single Bench of the High Court Division in Civil Revision No.80 of 1996 reversing the judgment and decree dated 12.09.1995 passed by the learned Subordinate Judge (now Joint District Judge), 1st Court, Madaripur in Title Appeal No. 63 of 1991 and restoring..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ed in 40 DLR (AD) at page-170; the High Court Division made the Rule quite legally absolute obtained in the writ-petition. 10. In the aforesaid premises, we are of the view that the learned Judges of the High Court Division has rightly decided the case and there is no legal infirmity or i..Category: Criminal Law | Date: | Hits: 42
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judge of the Artha Rin Adalat, 1st Court, Dhaka by the Government and also challenging t..Category: Banking Law | Date: | Hits: 121
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......judgment of the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Adalat, Patuakhali against the writ petitioner. The petitioner without preferri..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ment dated August 27, 1996 of the High Court Division in First Appeal No. 211 of 1996 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... the Rule which was issued upon a revisional application, filed by the plaintiffs against the judgment and decree dated 10-11-1997 passed in Title Appeal No, 187 of 1994 by the learned Subordinate Judge, 2nd Court, Dhaka, who affirmed the judgment and decree dated 10-5-1994 passed by the learned..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......the construction of Rajshahi Medical College. The suit was pending after liberation and on application filed by the Government of Bangladesh, under Article 3(2) of the Bangladesh (Legal Proceedings) (Special Order), 1972, briefly the President's Order No. 69 of 1972, in 1969 for the abatement of the......ivil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Messers MS Jafar...................................................... Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... for renewal which has just been noticed. It is, therefore, not correct to say that in the Indian Act there is no provision for renewal and it is unfortunate that the attention of the learned Judges of the High Court Division was not drawn to these rules which have been framed in 1922. The ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......dgment: Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......shy;vious year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relief in the Writ petition on the view..Category: Property Law | Date: | Hits: 93
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