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Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ere unable to take possession of the land of PW 17. Thus it is suspected that the appellants conjointly committed the murder of deceased Zafar Ahmed in a pre-planned and calculated manner. Other than speaking of the motive, no name has been mentioned as eye-witness of the occurrence. 114. After t......1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under sections 302/34 of the Penal Code, ordered by the Additional Sessions Judge, 1st Court, Chittagong and confirmed in appeal, by the Hi..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......pondents Judgment June 19, 1990. The Code of Criminal Procedure, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......or special leave to appeal is against a judgment of a Bench of the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the S..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 4. Not represented—Respondent Nos. 1, 3 & 5. Civil Appeal No.98 of 2002. (From the judgment and order dated June 13, 2000 passed by the High Court Division in Civil Revision No. 1781 of 1990). ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration that the order dated April 22, 1977 passed by defendant No.3 treating the property in suit as vested property..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ing aside the judgment and decree dated January 31, 1999 of the 3rd Court of Subordinate Judge (now Joint District Judge), Chittagong in Other Suit No. 136 of 1996 decreeing the same. 2. The ordering portion of the judgment of the High Court Division reads as follows: "In ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... 7,1986 of the Court of Munsif (now Assistant Judge), Mithapukur Upazila, Rangpur in Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......arya J —This appeal by special leave is against a judgment of a Bench of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent f..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respondent No. 1 declarin..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Mahmud Hossain, CJ.—This appeal by special leave arises out of a judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Not represented-Respondent No.3 Criminal Petition For leave to appeal No. 189 of 2006 (From the judgment and order dated 27-03-2006 passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......structed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High Court Division in criminal Revision No.603 of 2005) ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Kabir Chowdhury J. - The delay is condoned. 2. The petitioners Dock workers Management Board, Port Training Centre, Chittagong and its Chairman seek leave to appeal against the judgment and order dated 01.03.2005 passed by the High Court Division in Writ Petition No. 890 of 2003 making th..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......- The appeal has been filed against the judgment dated July 20, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judge, Narayangonj in Miscellaneou..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... No. 4255 of 1997.) Order: Amirul Kabir Chowdhury J.- Forest Ranger, Bhaluka Range Office and two other Officers being defendant Nos. 1-3 seek leave to appeal against the judgment and order dated 20.4.2004 passed by a Division Bench of the High Court Division in Civil Revision No. 4..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Court Division in Civil Revision No. 1571 of 2003.) ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......urt Division in Criminal Appeal No.1361 of 2000) Judgment Amirul Kabir Chowdhury J.- At the instance of the state this petition for leave to appeal has been preferred against the judgment and order dated 27.08.2002 passed by the High Court Division in Criminal Appeal No.1361 of 2000 allowing..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... of the discussions and the view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......structed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ..Category: Banking Law | Date: | Hits: 124
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